I have separated from my patner of 23 years. During that tme…

hiCustomer
Firstlyly I suggest that you contact the bank and ensure that no withdrawals are allowed form the acoount without both parties signing the cheques or withdrawal slips.
In Victoria couples who have been living together in a de facto relationship for two years or more, or who have been cohabiting for a shorter time but who have had a child together, may make a claim in Victoria under the Domestic Relationships Act 2008 in relation to disputes about property.

In Victoria the property of domestic spouses only came within the ambit of legislation from 1 June 1988. The relationship must have lasted for at least two years unless there were children or where there is injustice or hardship would result. For a de facto spouse to make application for division of property they must have ended their domestic relationship after 8 November 2001.

Where a court makes an order involving the distribution of property and one of the former partners tries to circumvent it then the court may penalise them by ordering costs against them. All types of property are covered.

The Courts look at capacity and hardship. As with the Family Law Court Victorian courts can make orders adjusting property interests from one partner in favour of another. Where you fail to make a claim for division of property before your partner dies then you lose those rights.

The courts need to give consideration to any cohabitation agreement executed by the parties during the course of their relationship. Where a de facto relationship ends it makes it a lot easier to deal with property. Although the court tries to give force and effect to the agreement it is not bound to do so and can go outside the agreement as a result.

I hope this is of assistance