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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42339
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am a little concerned as I was in a defacto relationship

Customer Question

Hi I am a little concerned as I was in a defacto relationship for about 3 years, we moved over to Western Australia so my partner could get work in the mines well that did not work out. I was successful enough to be employed after two weeks arriving in Kalgoorlie and was employed by the Royal Fying Doctors Service/ My partner could not get work so the
rfds employed him as a maintenance employee. I was relieving for the girl who was on maternity leave on her return the RFDS did not want to lose me so they offered me a permanent position as Base Administrator in Meekatharra (isolated) they also wanted me to have the job so they offered my partner a full time job as maintenance also.
He was very lazy and I was his boss he did not like this and was not doing his job. After reports which I had to give to my boss weekly updates on the maintenance as I am professional I would have to tell the truth need to say he was sacked and after that he stayed until he could save money to go. He took all the furniture we had both contribute to but at the time just wanted him out. He has contacted me lately and wanted to meet up with me again away from Meekatharra. The last phone call he mentioned about my super and that I probably could get some off it. I am very concerned as that is all have but some people said that he could have a chance of getting half of my super. Could you pls direct me as I am really stressed about it as I am 63 in September and have worked all my life as my husband passed away when he was 42 years old and we were in a business with some partners and when he passed the business went into liquidation so I lost our assets and had to start all over again and all I have now is my super which is around $100.000 dollars.
Submitted: 2 months ago.
Category: Australia Law
Expert:  Leon replied 2 months ago.

Good Morning,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

How long were you together and how long ago did you separate.

In WA if the action is started there he cannot have ay of your superannuation as a defacto. The law in WA is the only one that does this. If he starts in another state then your super can be at risk but the time together and when you separated ins important. If you have been apart for more than 2 years he is out of time to do anything.

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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Customer: replied 2 months ago.
thank you for your response but we starting in a defacto relationship in queensland for 2 years then moved to wa and been parted over 2 years now. what if I moved to another state would that matter as a solicitor wouldn't you know the laws and not just adviceregards
Expert:  Leon replied 2 months ago.

Good Evening

It is where you start the proceedings that matters. Then you are covered by the laws of that jurisdiction.

All states have the same laws except for WA which excludes superannuation for the split. The other states include the superannuation.

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