Property Settlement Proceedings

Lawyer-in-charge: Luisa Gaetani

Our client is in a de facto relationship with a person who is going through property settlement proceedings with his ex-wife. Our client recently purchased a property in her sole name, using funds that she had at the commencement of her de facto relationship, funds gifted to her by her mother and savings that she has accumulated throughout her de facto relationship.

Her de facto partner did not contribute to the acquisition of the property but contributed to two mortgage repayments since the purchase of the property. My client’s de facto ex-wife filed an Application to have our client joined to the proceedings and also for our client’s property to be added to the balance sheet of assets between my client’s de facto partner and his ex-wife.

The Application filed by the ex-wife was served on my client one week before the Court hearing. Luisa instructed a Barrister, and prepared all of the relevant documents to be ready for the matter to be heard in Court the following week. Following the hearing, the ex-wife’s application to have my client joined to the proceedings and her property added to the balance sheet was dismissed. Our client is now seeking costs against the ex-wife.