Your ex’s new de facto relationship and its impact on property settlement

After a separation, reaching a fair property settlement can often be a complex process, which is governed by the Family Law Act for married couples and the Family Court Act for de facto couples in Western Australia.

However, things can get even more complicated if one of the former partners enters into a new de facto relationship prior to settlement being reached.

Understanding de facto relationships

In Western Australia, a de facto relationship is a marriage-like relationship between two people who are not legally married.

This relationship is characterised by factors such as living together, financial interdependence, and mutual commitment to a shared life.

The Family Court Act recognises rights of parties in de facto relationships broadly equivalent to marriages, including property settlement matters.

Impact on property settlement

If your ex-partner enters into a new relationship, it can have significant implications for your property settlement. Here are some key considerations:

• Timing of the new relationship: The timing of the new de facto relationship is crucial. If the relationship began before the final property settlement, it may be considered a relevant factor by the court. This could potentially affect the division of assets and liabilities.
• Finances – the financial circumstances of cohabitation may be taken into account when determining the appropriate property settlement. This includes their income, assets, and liabilities. The court may consider the financial support your ex receives from their new partner, which could impact the amount they receive from the property settlement.
• Future needs: The court will also consider the future needs of both parties when determining a fair property settlement. If your ex’s new de facto relationship provides them with greater financial security or potential future support, this could reduce the amount they are entitled to from the property settlement.
• Contributions during the relationship: In some cases, the court may consider contributions made by your ex’s new partner during the course of your marriage or de facto relationship. For example, if the new partner provided financial support or assisted with household duties or care of children, this could be factored into the property settlement decision.

It’s important to note that each case is unique, and the impact of your ex’s new de facto relationship on the property settlement will depend on the specific circumstances of your situation. It’s advisable to seek legal advice from a family law professional to understand your rights and obligations fully.

Remember, the overarching principle of the Family Law Act is to achieve a just and equitable outcome for all parties involved.

By considering all relevant factors, including the existence of a new de facto relationship, the court aims to reach a fair property settlement that takes into account the best interests of all parties involved.

At O’Sullivan Davies, our experienced family lawyers can guide you through the property settlement process and ensure your rights are protected.

Contact us today to arrange an initial consultation.