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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Since we cannot be divorced as we are on a de facto

Customer Question

Since we cannot be divorced as we are on a de facto relationship, how can I prevent my partner from lodging claim against my future income & assets? Is this something that can be included in Minutes of Consent? If so, how?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year 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 Please understand this is not legal advise but a guide to assist you.

You cannot prevent her from doing that as she cannot prevent you form doing it.

The law says that if there is to be a property split in a defacto relationship there is a time limit of 2 years from the date of separation for that application to be filed.

If you can reach an agreement and then lodge consent orders it is all over and finished. If you cannot reach an agreement and you do not want to start court action you have to wait until the 2 years pass.

Have you reached an agreement on how things will be split?

Please respond here as each question you open costs you money.

Customer: replied 1 year ago.
agreement has been reached. But I dont want her to have any rights to claim against my future income and assets. The Minutes of Consent is ready for filing to the court. Should it include the waiver for claims against eachfs others future income and assets?
Expert:  Leon replied 1 year ago.

Good Afternoon

If you have an agreement you can file consent orders.

Here is the consent orders kit

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/diy-kits/kit-diy-application-consent-orders

Here is the supplement which sets out the agreement and how it applies

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/diy-kits/kit-diy-consent-orders-supplement

Once filed and the order are made no party can make any further claim unless there is not full disclosure then the court will overturn them.

You have to fully disclose everything by each of you.

Once done it is over and no further claim exists.

The longer you wait the worse it is because the assets that have to be disclosed are at the time of the application not separation. She cannot claim future assets and neither can you. It is only what you have at the time of the application.

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.

Please do not forget to leave positive feedback.

Regards
Leon

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