# defacto rights regarding dividing finances in Australia (not married)



## aurora12 (Apr 5, 2013)

Good evening!

Does anyone out there know much about spousal rights in Australia following a break up? I am from Europe and am living with my girlfriend (who is also European) in Australia and things are pretty rocky, I expect it to end soon. She came with me on a de facto spouse visa .

A friend told me they knew a bloke in Australia who had been going out with a girl for two years on and off. When they split up she took almost all of his money through the courts, and would of taken his land too had it not been in his fathers name. And they were just together. Not married.

Is this how it is in Australia? In Europe for this to happen you have to be at least in engaged , have children or be actually married. 

I am a bit concerned , does anyone know where I could find out more about this please?


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## NiPa (Mar 3, 2013)

Thats pretty much correct, if it is established that you were in a relationship, than the partners have equal rights to the assets, some time back there was a case in a Melbourne where even the Mistress (she was dating/seeing this guy for a long time) had rights to his property when they broke up.

To have complete information, you might want to consult a divorce lawyer.


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## chicken999 (May 2, 2013)

This is true but ur supposed to be living together for 2 years not just dating. Recommend u do a binding financial agreement and keep the split very friendly

Sent from my iPad using Australia


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## jmcd16 (Aug 5, 2012)

chicken999 said:


> This is true but ur supposed to be living together for 2 years not just dating. Recommend u do a binding financial agreement and keep the split very friendly
> 
> Sent from my iPad using Australia


But they came in together with a de facto. That means they not only claimed, but proved, that they were in a marital-like relationship.

It strikes me that a lot of people - especially the ones rushing off to register their relationships and dodge the 12 month requirement - probably don't fully comprehend the legal ramifications of what they are claiming.


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