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

Australian citizenship surrogacy: Home Affairs wants more proof

Australian intended parents pursuing surrogacy overseas need to be ready for a growing paperwork burden when applying for Australian citizenship by descent. A birth certificate alone may no longer be enough. Recent applications indicate that the Department of Home Affairs is increasingly asking for detailed evidence of the surrogate’s pregnancy and birth records, alongside evidence… Read More »Australian citizenship surrogacy: Home Affairs wants more proof

Why adoption has become “institutionally invisible” in Queensland

Queensland’s child protection system is facing an urgent and deeply troubling question: why are children who cannot safely return home being left in state care for years, often moving from placement to placement, without genuine consideration of adoption? The recent Child Safety Inquiry has put that question squarely on the table. Its findings are confronting.… Read More »Why adoption has become “institutionally invisible” in Queensland

Queensland sperm donor family limits explained

  Queensland’s new sperm donor family limits were meant to provide sensible safeguards for children conceived through donor treatment. Instead, Queensland Health has adopted an interpretation that appears to split a female same sex couple into two separate families. That position is difficult to reconcile with the law, common sense, and the lived reality of… Read More »Queensland sperm donor family limits explained

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