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Impact of New Partner on Property Settlement

When determining a property settlement, the court must first ascertain the pool of assets to be divided. The parties’ respective contributions (financial and non-financial) to that pool are then assessed. The next step in this process is for the court to assess the parties’ respective “future needs. This is when the considers factors such as whether a party has re-partnered and is cohabitating with that new partner.

When considering whether there should be an adjustment for future needs, the court looks at matters referred to in 75(2) of the Family Law Act 1975 and, specifically, subsection (m) which provides “if either party is cohabitating with another person – the financial circumstances relating to the cohabitation” (section 90SF(3)(m) for de facto couples).

The practical application of this section of the Act means that if a party to a separation begins living with another person, that other person’s financial circumstances may be considered when the court assesses the parties’ future needs. For example, by reason of cohabitation the other party’s costs of living are less given those costs are being shared between two people. Similarly, by virtue of the fact a party has re-partnered, their ability to borrow money may increase, thus reducing their future needs for the purposes of property settlement.

Ultimately, the court employs a high degree of discretion when considering what effect one party cohabitating with a new partner has on the property settlement. It all depends on the circumstances of the particular case. If you would like to discuss the impact of a new partner on your financial settlement, please contact Armstrong Legal.

Michelle Makela

This article was written by Michelle Makela

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

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