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Bankruptcy, is it different if I have a de facto rather than a spouse?

Bankruptcy, is it different if I have a de facto rather than a spouse?

When you become bankrupt, there is no difference between having a de facto partner or a spouse.

If  Your Financial Affairs are not Intermingled

Your bankruptcy will have minimal impact on your de facto or spouse if your financial affairs are not intermingled.

If your Financial Affairs are Intermingled

If your financial affairs are intermingled with your de facto or spouse, the trustee of your bankruptcy will look at your financial affairs and the financial affairs of your de facto or spouse to work out what assets and liabilities belong to your bankrupt estate.

For more information on what your de facto or spouse can expect when you become bankrupt, we recommend our article ‘Will My Bankruptcy Affect My Spouse’ which can be accessed here.


For answers to your questions regarding your situation or bankruptcy generally, you are welcome to give us a call on 1300 060 122 or

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Alan Nicholls - Registered Trustee

Alan Nicholls’ no obligation help desk

Nicholls & Co provide a free, no obligation ‘help desk’ for people considering bankruptcy – we discuss and explain bankruptcy and answer questions for anyone who is considering bankruptcy. The Nicholls & Co help desk can be accessed by phone  
1300 060 122  or . Alan Nicholls, Registered Trustee in Bankruptcy is also available to answer your questions to enable you to decide if bankruptcy is right for you.