Frequently asked questions:
Q. Is it true that my ex defacto partner can get half of my superannuation if we have only been together for 12 months?
A. In a nutshell, the answer is not usually. Defacto partners are treated the same as married couples in the Family Court if the relationship is more than 2 years old, or if there are children, or if the parties have intermingled their money. If any of those events apply, then the amount that she gets of your superannuation and she of yours will depend on the length of the relationship and your respective contributions.
THE COURT’S APPROACH TO PROPERTY SETTLEMENT:
The Court would apply the following steps to calculate each party’s entitlement.
First step the Family Court would take would be to add up all of your assets. This includes Superannuation. They would then add this to all of your partner’s assets including his or her Super.
The second step the Family Court or Federal Circuit Court would take is to work out what you each had at the beginning of the relationship. They’d also look at what you each put in during the relationship. They would then be able to come to a conclusion about the percentage contributions each of you has made to the total assets.
Then the court would look at your respective ages and state of health, and who has the care of a child, and your comparative earning capacity. The court would then decide if there should be an adjustment in favour of an economically or physically weaker party over and above their contribution percentage.
The Judge would then apply the final percentage to the entire asset pool. The Court would look at the impact on each of you in receiving the percentage entitlement of superannuation and other property.
If there needs to be an adjustment to give one of you less Super and more current assets then the Court would Order that adjustment.
Every case is different. You really need to get a detailed assessment of your situation from an expert Family Lawyer. They could tell you what property you are likely to get in any property settlement based on your particular facts. Maybe one of our $275.00 one hour case plan programs might help you.
