Event and Time
Event Description
This case centers around de facto property settlement proceedings initiated by Ms. Vincent against Mr. Strong. The crux of the matter is to ascertain the date of the breakdown of their de facto relationship, as it directly affects the timeliness of Ms. Vincent's application for property settlement following their separation.
Application and Claims
- Applicant (Ms. Vincent):
- Claims that the de facto relationship continued until on or about May 2020. - Asserts that she filed the property settlement application within the appropriate timeframe based on this date.
- Respondent (Mr. Strong):
- Contends that the relationship had broken down in August 2018. - If correct, it would render the application out of time unless leave under section 44 of the Family Law Act was obtained.
Judicial Decisions
The court found that the de facto relationship lasted until on or about May 2020, thereby supporting Ms. Vincent's claims. The court declared that both parties were in a de facto relationship from early 2013 to approximately May 2020. A Conciliation Conference was scheduled, and various procedural matters regarding documentation and costs were outlined.
Dispute Points and Legal Basis
Dispute Points
- Separation Dates:
- Husband's Position: Claims the relationship ended in August 2018, supports this with assertions of a lack of intimacy and marital functions post-2017. - Wife's Position: Claims the relationship ended in May 2020, providing evidence of continued emotional and physical connection, including the gifting of jewelry after the asserted separation date.
- Evidence of Relationship Continuity:
- The wife experiences credit issues due to past dealings with Centrelink. - The husband's credibility is questioned, with discrepancies noted in his affidavits regarding the acknowledged timeline of the relationship and their continuity.