What Happens If One Party Goes into Aged Care?
Family Law in Later Life RelationshipsThe High Court decision in the case of Fairbairn v Radecki [2022] HCA 18, is relevant in considering how a settlement might occur if one party were to enter aged care. The facts of Fairbairn v Radecki are as follows:
It was also noted that the respondent had not acted in support of his de facto wife. It was therefore concluded that the parties’ relationship had broken down. Despite this conclusion, it is noted that simply because the relationship was deemed to be broken down in Fairbairn v Radecki, does not mean that if one party enters into an aged care facility, the relationship is automatically broken down. There is a dependence on whether the other party continues to provide financial and/or emotional support to their (de facto) spouse. Need help?Contact the Brisbane family law team at James Noble Law today for a FREE 20-minute consultation no obligation. To schedule an appointment with one of our Qualified and experienced Affordable Family lawyers in Brisbane. Find Brisbane family lawyers on Google Maps near you. You may also like to know more information about the
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