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Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.
I completely understand your frustration.
The reason she is entitled is because while she is looking after the children she cannot work and she has need.
The money she received for the children is for the maintenance and support not hers.
In family law it is not a situation where you counter claim.
The court will accept all contributions made by the parties when it makes its decision.
If they did not have children who entitlements would only be based on what she contributed which would be very little. It is the children that make the difference.
In relation to the house can you tell me the ex-husband of this woman who is making the claim what she does he own?
Thank you for your answer.
They are not divorced yet, only separated for 6 years. From the time of separation she received white goods, furniture, money for a car etc. of roughly $ 15,000.00. If she is entitled to a payout because of the kids for the kids, what measures are in place to ensure that money benefits the kids and not her habits? He also pays monthly child support and does more for his kids than required. She gets Centre Link payments as well.
As stated, the house is in the name of the mother of the husband to 75% and him with a 25% share as Tenants in Common and lives there. Can a third party/outsider force the sale of a mortgage free house held as Tenant in Common? If she, the estranged wife, forces her way into the house to live there, how can this - classified as Adverse Possession - be avoided?
Thank you very much
Hi there, again,
Thanks for clarifying re: property split. So, it has nothing to do with her getting more because of the kids. Support of the kids and property split are two different subjects. She wants a payout for herself but has made no financial contribution to property etc. - property was mortgage free provided by his family -. So, she really shouldn't get any property payout as property was/still is, debt free, not improved and actually run down.
I didn't say she is with somebody, as far as I know she is on Centre Link. They have determined the amount of child support he is paying.
She wants half what is in his name. She hasn't put the divorce in because in order not to loose her claim she has to disclose what she wants. He hasn't put the divorce in because he wants his kids as often as possible and as long she thinks she gets what she wants, he can have them. Also they both want to avoid court proceedings and keep the emotional stress from the kids.
Thank you again for your advice
Step 1: Determine what the assets are and their value
This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.
Step 2: Determine what contributions you and your spouse made towards the assets.
This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.
Step 3: What are each of your future needs.
Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.
If these things don't balance equally for each spouse, then an adjustment is made in the percentages.
Step 4: Make an order that is just and equitable between both spouses
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