Can Quillio review de facto property settlements?
Yes. I review de facto property settlements under Part VIIIAB of the Family Law Act 1975 (Cth). I work through the four-step process from Stanford v Stanford (2012) 247 CLR 108 (identify the pool, assess contributions, assess future needs, test for just and equitable), and I draft either consent orders under section 90SM or a binding financial agreement under Part VIIIAB.
De facto jurisdictional threshold
Before I run the property settlement analysis I check the jurisdictional threshold in section 90SB — the parties must have lived in a genuine domestic relationship for at least two years, had a child together, made substantial contributions, or registered the relationship under State law. I flag any jurisdictional risk for the responsible lawyer.
The four-step process
I walk through the four-step process: identify and value the asset pool (including superannuation), assess contributions (financial, non-financial, homemaker under section 90SM(4)), assess future needs factors under section 90SF(3), and test whether the proposed division is just and equitable. I produce a written analysis at each step.
Output
Either a structured advice memo setting out the four-step analysis with a recommended range, or draft consent orders in current FCFCOA format, or a draft BFA under Part VIIIAB. I do all three from the same matter inputs.
Step-by-step
- Confirm jurisdiction. Provide the relationship details so I can check the section 90SB threshold.
- Enter the pool. Provide assets, liabilities, and superannuation for each party at the relevant date.
- Enter contributions and future needs. Provide the contribution history and future needs information (age, health, earning capacity, care of children).
- Choose output type. I produce an advice memo, draft consent orders, or a Part VIIIAB BFA from the same inputs.
Common issues
- The two-year threshold in section 90SB is often close — I flag jurisdictional risk rather than assume it is met
- Superannuation splitting in de facto matters operates under Part VIIIAB Division 3 — I apply the same procedural fairness notice rules
- Notional add-backs for assets disposed of during the relationship should be raised explicitly — I prompt for them
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