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Barnaby ‘toast’ on family law front
A Brisbane lawyer has spoken out about the controversial Barnaby Joyce affair making headlines this week, saying the Deputy Prime Minister is now between a rock and a hard place as far as Australian family law goes.
Emma Musgrave
Hetherington Legal family law specialist Jennifer Hetherington has responded to the political scandal surrounding Deputy Prime Minister Barnaby Joyce’s affair with former staffer Vikki Campion, who is currently pregnant with his child.
“[He] is now between a rock and a hard place as far as Australian family law goes. Either way, he’s toast," she said.
Ms Hetherington explained that while family law is “grey” on when a relationship legally becomes a de facto partnership, if a couple have a child that’s an automatic legal entrée to a property settlement if they separate later.
“Generally a couple are deemed to be in a de facto relationship when they move in together but the law is grey,” she said.
“You might be de facto if you are not yet living together but spend most nights together. To get a property settlement you have to live together for two years, or make substantial contributions to property or…have a child.
“So Mr Joyce and his new partner are de facto now. If they live together for two years or if there is a child from the relationship, she would be entitled to a share of his property if things don’t work out for them.”
The amount the Deputy PM would be liable for would also depend on a range of factors including the length of the relationship, added Ms Hetherington.
“The legal aspects of such situations are well-known and documented in Australian family law,” she said.
“As Mr Joyce’s political future is debated in Parliament and around the country, even if he is able to justify arranging a six-figure salary job for his mistress, he is nevertheless on the hook for child support and a property settlement if they split.
“The estranged Mrs Joyce of course is also entitled to a suitable property settlement if he does not return to her.”
Emma Musgrave
Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.
Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences.
Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.
She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University.
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