guys i need advises again on some legal issue

hidepenny · Post by **hidepenny** » Sat Jul 15, 2006 11:05 pm

i don't mean to hurt anyone

but

can i just ask

how long does a man have to stay or live with his gf in order for his gf to take legal action against him as in sharing the man's assests and stuff

i'm sure there's some law protecting the women and just wana know the terms and conditions

does anyone know this for fact or has experienced this?

mike-s · Post by **mike-s** » Sat Jul 15, 2006 11:10 pm

ive been told if two people are living as a defacto couple for 6 months then if people decide to take the split to court, then the assets can be devided.

I don't believe it's biased towards any particular agenda, it would just be split somehow though however. btw it used to be 12 months up until about 2 yrs ago.

GPXRAH · Post by **GPXRAH** » Sat Jul 15, 2006 11:14 pm

I believe Mick-s is correct on that when I split with my ex I could have gone him for a share of everything and at that time they said it only had to be 6 months we were together.

hidepenny · Post by **hidepenny** » Sat Jul 15, 2006 11:39 pm

what u mean by defacto mike-s?

so it only takes 6 months?

ZZRCHIKKY · Post by **ZZRCHIKKY** » Sun Jul 16, 2006 12:14 am

defacto mean that u are un married living as husband and wife

mick_dundee · Post by **mick_dundee** » Sun Jul 16, 2006 12:24 am

And yeah it only takes 6 months and if you split up she can take you for half of what you got, that's why you need to find a rich girlfreind so you can be the taker rather than the giver

aardvark · Post by **aardvark** » Sun Jul 16, 2006 12:46 am

mick_dundee wrote:if you split up she can take you for half of what you got

Well, she can try. Get a good civil law lawyer, and keep your stuff.

Johnnie5 · Post by **Johnnie5** » Sun Jul 16, 2006 1:43 am

by the sounds of it you are having issues

have a car or bike ? sell it to your brother or a mate

have cash in accounts , go to a pub with pokies or a casino and start withdrawing out of the ATM ,

when questioned where is the cash 'i have a gambling prob' ( top tip from an accountant on how to get rid of your cash and get on the pension

hope you sort it out , never fun stuff

hidepenny · Post by **hidepenny** » Sun Jul 16, 2006 10:03 am

liveing as husband and wife

what's the definition on this?[/quote]

mick_dundee · Post by **mick_dundee** » Sun Jul 16, 2006 10:26 am

Living in the smae place together is I believe about it as far as defining de-facto goes. If not living together then you're a couple but not de-facto per se.

z900/zx9 · Post by **z900/zx9** » Sun Jul 16, 2006 10:49 am

The courts take into account how long you've actually been together. The shorter the length, the more likely they are to just put you back in the positions you were in before the relationship.

Just to be sure, ring a lawyer and check.

hidepenny · Post by **hidepenny** » Sun Jul 16, 2006 11:13 am

and the woman doesn't have to be an australian citizen or PR to be able to do this rite???

aardvark · Post by **aardvark** » Sun Jul 16, 2006 12:13 pm

A de facto relationship is defined as a “relationship between a man and a woman who live together as husband and wife on a bona fide domestic basis although not married to one another."

A partner in a de facto relationship will be entitled to make a claim for property under circumstances. For example, in NSW if you live together in a de facto relationship for more than 2 years. I'm not sure if all states require you to live together for the same amount of time.

If you have been living together for less than the required period in your state, then she may be entitled to a claim if:
You have had a child together, you are caring for her children or you made substantial contributions (financial or personal) for which you will not receive adequate compensation if the court does make a property order.

It's not as easy as the court saying, righto, you've been living in a defactor relationship, here's 50% for you and %50 for you. They take into account the financial and non-financial contributions of each partner.

If you live overseas in a de facto relationship with someone, then the Australian governement will recognise this relationship for the puprpose of immigration, so I imagine that they'd recognise a similar relationship here.

Like I said, it's not as easy as you getting half the property, and her getting half the property. If it looks at all like it's going to get messy, then find a family law lawyer.

I-K · Post by **I-K** » Sun Jul 16, 2006 12:22 pm

hidepenny wrote:and the woman doesn't have to be an australian citizen or PR to be able to do this rite???

She doesn't have to be a woman, even... although, if the party pushing for the settlement doesn't have permanent residency in Australia, they've just made things more difficult for them. If they're in the country because of the relationship which has just broken down, they're pretty much on borrowed time. If they're in the country on some other kind of visa, the other party pretty much just has to wait out until their visa expires and they have to fight the rest of the case from overseas.

Ultimately, if you want concrete advice, you need to tell us exactly what the situation is.

ross79 · Post by **ross79** » Sun Jul 16, 2006 12:53 pm

Best thing to do is get a new girlfriend every 6 months

Or like mick said, make sure she's rich.