Hi there , about two mouths ago i moved out of my home off…

Due to recent changes in the law, defacto relationships in Victoria are treated much like marriages for property division purposes and the courts apply a four step process:

1. Ascertaining all the assets of the relationship (all assets owned by either party, including superannuation, and any inherited property);

2. Determining the contributions of the parties to the relationship (financial and non-financial, inheritances, as well as negative contributions such as gambling habits, etc);

3. Considering the needs of the parties (such as whether they are caring for children, health issues, income earning potential, etc);

4. Determining a just and equitable apportionment in the circumstances of the case.

Where the relationship is very short, the court will generally make orders which tend to restore the parties to their original position. In longer relationships, a more even apportionment is appropriate subject to the needs of the parties.

Where children are involved, the primary caregiver is likely to receive a more favourable portion, reflecting the needs and obligations which caring for a child entails.

Because the courts take into account so many issues it is not possible to specify what percentages you and your defacto will be entitled to but it is certainly not on the basis that you have suggested (i.e. she won't receive 60 % just because she has been with you for two years.

Only a family lawyer fully briefed in the circumstances of you and your defacto will be able to give you a firm estimate of the likely apportionment.

I trust the above assists and if so, please click accept.