If I let my girlfriend move in with me does that mean she is entitled to half of my assets?

No – the mere fact of cohabitation does not mean your partner is entitled to half of your assets. 

In fact, the Family Law Act provides that a de facto marriage must have lasted for at least 2 years before the Family Court has jurisdiction (unless special circumstances apply and note that cohabitation is not determinative of whether there is/is not a de facto marriage). 

If the Family Court does have jurisdiction, the judicial officer has a wide discretion in determining how your existing property interests should be altered (or, in other words, how much your ex-partner should “get”), if at all.  The judicial must make orders that are, in all the circumstances of your case, just and equitable. 

In making this assessment, the length of your relationship, the degree to which you spouse contributed financially to the purchase or maintenance of your assets, your respective financial positions at the start of the relationship, parenting and home maker contributions, and future earning capacity are all relevant factors. 

Ultimately, the outcome is dependant of the facts of your case. 

If you want some degree of security before entering a marriage or commencing cohabitation you may wish to enter a financial agreement (or prenup / prenuptial agreement) that sets out how assets would be divided at separation.  For such an agreement to be binding, it must conform to the requirements of the Family Law Act/Family Court Act, which include a requirement that each party obtain independent legal advice. 

Office address: 185 Railway Parade, Maylands WA 6051

Email: terrence@eastandassociates.com.au

Tel: 0403 632 777