Case: de facto relationship, but why would you bother?

Case: de facto relationship, but why would you bother?

In Delaney v Burgess the appellant de facto wife was able to show that the trial judge was incorrect in finding that her relationship with the de facto husband was only a business relationship of boarder and owner of the home, when amongst other things, they had had sex, he had described her affectionately in a card as his “wife”, in children’s proceedings had sworn that she was his de facto wife and listed her as his flying companion with Qantas.

However, after a relationship of 4 years, when the de facto husband had $450,000+ of property and superannuation, the de facto wife was ordered to be paid $15,000 plus costs of the appeal [all of which would be likely to be fraction of what she had paid in legal costs]. The de facto wife had made little financial contributions during the course of the relationship other than board in part because she had a gambling problem. Why would you bother going to court for such a small sum?

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

8 Essential Rules for Known Sperm Donation in Australia

Sperm donation in Australia can be a generous, life-changing act. It can also become an expensive legal and emotional mess if people get the groundwork wrong. Known donor arrangements often begin with goodwill, trust and optimism. Unfortunately, none of those things is a substitute for legal clarity. When people talk about sperm donation in Australia,… Read More »8 Essential Rules for Known Sperm Donation in Australia

Is Your Ex Turning Your Child Against You? Understanding Parental Alienation

Parental alienation is one of the more troubling issues that can arise after separation. It can be subtle, it can be deliberate, and it can cause real harm to children. In family law matters, it often appears in the form of one parent undermining the child’s relationship with the other parent, sometimes slowly and sometimes… Read More »Is Your Ex Turning Your Child Against You? Understanding Parental Alienation

Surrogacy Counseling: The Key Differences Between QLD and NSW

Surrogacy counselling is one of the most important parts of any surrogacy arrangement, and it is also one of the most commonly misunderstood. That confusion does not just affect intended parents and surrogates. It can also affect lawyers, counsellors, and other professionals involved in the process. The reason is fairly simple. Both Queensland and New… Read More »Surrogacy Counseling: The Key Differences Between QLD and NSW

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board