Adesso & Payton [2019] – Are you entitled to a property settlement?

, Adesso & Payton [2019] – Are you entitled to a property settlement?, Merridy Elphick Lawyers

Adesso & Payton [2019] – Are you entitled to a property settlement?

In February 2019, a matter concerning the existence of a de facto relationship was considered in the Federal Circuit Court. In Adesso & Payton [2019] FCCA 343 Ms Adesso made an application to the Court seeking final orders for a property settlement and then the respondent, Mr Payton, disputed that he was in a de facto relationship with Ms Adesso.

In August 2016, Ms Adesso and Mr Payton moved in to live together in a home owned by Mr Payton’s mother. They separated in December 2017 when Ms Adesso left the home.

Ms Adesso claimed that she made contributions to the relationship including attending to the garden, bringing her aesthetic skills and efforts to work plans for future renovations to the property and contributions of a homemaker.  Ms Adesso asserted that she made contributions that were ‘substantial’ and that she would suffer injustice if the Court did not make orders for a property settlement.

The Court dismissed MS Adesso’s application on the basis that the parties did not achieve the two-year duration for their relationship and because there was no child to the relationship and they were not married. Whilst considering Ms Adesso’s contributions in attending to the gardens and her contributions as a homemaker, the Court determined that the contributions did not fit within the description of ‘substantial’ because they were not.

If you are unsure whether your relationship would be considered a de facto relationship and whether or not you would have any entitlements to a property settlement, you should contact our office on 02 4929 2225 to speak with one of our experienced Family Law solicitors.