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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44178
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have been living as a de facto wife, with a man who is still

Customer Question

I have been living as a de facto wife, with a man who is still legally married. We have been together for 12 years. He has not had any contact with his wife for more than 15 years. Does she still have any rights over his property and/or do I?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good EveningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.Because they are married she does have a claim. But because she has not made any contributions to it the court will be reluctant to give her anything.But she can make a claim making life very difficult for your partner and yourself.In property matters the law applies the following 4 stepsStep 1: Determine what the assets are and their valueThis will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included. Step 2: Determine what contributions you and your spouse made towards the assets. This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution. Step 3: What are each of your future needs. Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors. If these things don't balance equally for each spouse, then an adjustment is made in the percentages. Step 4: Make an order that is just and equitable between both spousesHe also has a claim on hers.If he applies for a divorce and 12 months pass and nothing is done then the right for he claim is passed.I hope this makes sense and is of assistance. If there is nothing furtherthank you for using my services.If I have missed anything, or you have any further questions please let me knowIf there is anything else in the future please do not hesitate to ask.Please do not forget to leave positive feedback.RegardsLeon