I live in Australia, I have lived with my partner for just…

Hello Lina, from your information it would appear that you would have an interest in the property (and other assets) as you have made financial and non financial contributions towards it. As of the 1st March 2009 the Family Court has jurisdiction for separating de facto couples in relation to financial matters. State Supreme Courts exercised that jurisdiction prior to 1st March 2009 and still do for de facto couples who separated before that date.

It would appear from your question that your partner is unlikely to agree to a split of the financial assets. However, if you are able to reach an agreement with your partner then you could enter into a binding financial agreement with her as to how the assets are to be split. For the agreement to be binding you will both need to see solicitors and have them sign a certificate that you have been independently advised it would be appropriate to have one of the solicitors draft the agreement for you. Otherwise if you can’t reach agreement then Court proceedings would be required for financial orders.

The Family Court (or Federal Magistrates Court) apply a four step process to determine what percentage split will apply to the assets built up over the course of the relationship. The four steps are:

1. Determination of the asset pool and its value (it is irrelevant to the determination whose name individual assets are in) Note: Superannuation entitlements are also included.

2. Determine the contributions made by each of the parties towards the assets.

Both financial and non-financial contributions are considered and the Court will look at factors such as the assets each of the parties had at the commencement of the relationship, however the weight given to any initial contribution may be reduced if the relationship was a long one, i.e. the longer the relationship the less weight given to initial contributions.

3. Future needs of each party

An adjustment may be made if there is an imbalance between the parties after consideration of the ages of the parties, work prospects, earning capacity, residence of children etc.

4: The Court is required to make an order that is just and equitable between the parties and will consider the practical effects of any proposed orders under this step.

Even though both parties have a duty to fully disclose their assets and other financial interests to each other, I suggest you gather all copies of all evidence that you can that supports that you have been in a de facto relationship with your partner for three years and also all records relating to contributions you have made towards the assets (as noted above it does not matter whose name the assets are in). It can be difficult to gather these sorts of records once you separate, however affidavits from friends and family may also be filed with the Court supporting your case if required.
However, before you can file an application in the Family Court you must make a genuine effort to resolve the matter by family dispute resolution as you must provide a certificate from the family dispute resolution practitioner with your application to the Court. or the court will not be able to hear an application for a parenting order unless the certificate is filed with the application.

For more information about compulsory family dispute resolution (or to find a family dispute resolution service provider in your local area) call the Family Relationships Advice Line on 1800 050 321 or go to www.familyrelationships.gov.au.
For more information about filing an application with the Court, call the National Enquiry Centre on 1300 352 000 or visit www.familylawcourts.gov.au.

You should seek the advice of a specialist family law solicitor as they will be able to assess your claim and give you advice as to the possible percentage split that might be achieved.