Would you please advise of what rights a female has after terminating a relationship for 20 years with her partner? He

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Customer: Hi, would you please advise of what rights a female has after terminating a relationship for 20 years with her partner? He has supported her and her 2 children (they are not his) and also her 2 grandchildren. She has have worked on and off about 3 years in the relationship. She moved into his house, unfortunately as she spent the rent money on many occasions he lost his unit. They have been living in a rental property and he has paid all the bills. She has left and taken his new car which he pays $750 a month and she wants a car and said she will also take half his superannuation.
JA: What steps have they taken? Have they filed any papers in family court?
Customer: No they haven't
JA: Family law varies by state. What state are they in?
Customer: NSW
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He has been contacted by a number of vendors that she has purchased rings and other items via his credit card, which he is also paying. He has cancelled that card now, but she is threatening him. As he starts work at 6.00am and finishes at 6pm, he is struggling to find time to contact professional advise. He is not tech savy either.
Answered by John Melis in 6 hours 3 years ago
John Melis
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John Melis
79040 Satisfied customers
10+ years of experience
John Melis
10+ years of experience

79040 Satisfied customers




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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Where the relationship has broken down, there are a couple of steps that may be taken. If not done so already, mediation can be used to consider reconciliation through relationships Australia. If that does not achieve an outcome the next step is to consider starting the formal process of financial separation.

Financial separation involves having all the assets total into a pool, and then a division is decided upon who gets what percent, for example you may get 70% and your partner 30%. In determining the percentage split all factors are taken into account which include direct and indirect contributions.

The aim should be to settle the financial aspect amicably without processing the matter in court whether it be the Federal Circuit Court or Family Court when children are involved.

Separation can occur under one roof, which means you do not need to leave the family home.

If separation cannot occur amicably it will need to proceed into the court.

If you are facing domestic violence you may want to consider have a family violence order put into place your safety.

Financial separation involves various aspects with alteration of property interests under section 79 of the Family Law Act 1975. Financial separation will usually take into account four facts:

[1] The process will consider the extent of the property of the parties and its value.

[2] The process will consider what contributions have been made by the parties, including direct and indirect contributions of a financial character and non-financial character, and contributions to the welfare of the family, including contributions as homemaker and parent.

[3] The process will consider the circumstances which relate to the present and future needs of the parties and to their means, resources and earning capacity, actual and potential.

[4] The process will consider the effects of points 1 to 3 and resolve what order is just and equitable in all the circumstances of the particular case.

Alteration of property interests between separating couples is an emotional and stressful process and seeking help early is important.

The first step with financial separation is putting together a list of all the assets, and where you are not sure what they are you will need to do a little bit of investigative work to complete list.

Once you have the list ready, the next step is to either commence the process with the forms from the Federal Circuit Court’s website, or with the assistance of a lawyer.

If the financial separation process is done on an amicable basis the matter should be resolved within 3 to 6 months.

The important aspect of the financial separation process is documenting the division of the assets in a binding financial agreement or by consent orders which can be stamped by the court making it a more solid agreement to end the matter.

You have a legal right to protect your interests in this situation.

Please use the following link to assist you with working out how the division of the asset pool is calculated:


​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

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You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Hello John, thank you for your response which has been helpful. In reference to assets, there are none, except for the car which is in his name and he is currently paying off via a finance company which he pays $750 a month. She has taken the car. There are also some rings which she purchased on his behalf worth $2000 which she is in possesion of. He is paying those rings off via the retailer she purchased them from. He has his super and currently $5,000 in his bank account. She left the premises 2 months ago. He is still at the premises and paying the rent. He was going to move out, but the real estate advised him that he owes $3,000 in arrears, due to her keeping the money for herself before she left. She looks after her son's 2 children. She is receiving government support but to date does not have any savings.

John Melis, Expert

Thank you for your follow-up, the next it would be to commence the financial separation process in a formal way

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