Event and Time
Event Description
In a family law case, an interlocutory application was filed by a de facto wife seeking a partial property settlement and/or litigation funding from her de facto husband. The case arose after a lengthy dispute regarding the existence of a de facto relationship and distribution of property following that relationship.
Application and Claims
- Applicant (De Facto Wife):
- Seeks interim property settlement and/or litigation funding. - Claims entitlement to a larger share of the property than the 12% proposed by the respondent. - Is not in remunerative employment but receives some income from investments.
- Respondent (De Facto Husband):
- Opposes the application for both property settlement and litigation funding. - Concedes the existence of a de facto relationship between 2009 and 2019. - Offers a payment of $300,000 towards the applicant's legal costs (previously consented to). - Argues, in the alternative, for the applicant to receive 12% of their combined assets.
Judicial Decisions
The Court dismissed the de facto wife’s application filed on 25 October 2023, ruling that there would be no interim property settlement and/or an order for litigation funding.
Dispute Points and Legal Basis
Dispute Points
- De Facto Relationship Recognition: The respondent conceded the existence of a de facto relationship prior to judgment, which eliminated a key dispute about the status of the relationship.
- Property Interests:
- The applicant did not specify detailed claims regarding her entitlement, suggesting a potential entitlement greater than 12%. - The respondent maintains that no adjustment of property interests is necessary as per s 90SM(3) of the Family Law Act 1975 (Cth).