She does not receive more because of the children now.
It is her ability to work because she is looking after the children that will be considered.
If you remember, in the initial question I provide you with the 4 steps of the court follows. It is step 3 of those that determines how much she receives because of her financial need.
Just to remind you the 4 steps are as follows:
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
If the property is in debt then the difference between husband's share in the amount of he equity and that is what will be split.
So if for example the 25% share is worth $100,000 and there is a $90,000 loan over that share then there is only $10,000 available to be split between the husband and wife. She will only receive a share of their $10,000.
My apology was my misunderstanding with the way the question was written in mention marriage and also the fact I assumed she was in the defector relationship after the marriage.
She is not entitled to 50% of what is in his name. It is a short marriage, it has been 6 years since they separated and her contributions are minor.
The only saving grace she has for her is that while they were together and she was raising the children she had a role to play in the short marriage as homemaker (non-financial contributions) and the court will give her credit for this.
The husband needs to get more detailed legal advice from a solicitor the practices in family law to get this matter finalised and you should also be filing for divorce. Once the divorces granted the time starts to run and she has 12 months to file any application in court for a property settlement.
After 12 months from the divorce, if she has done nothing, it is too late and she is out of time and it will cost him more money to seek a court order that she can file out of time.
Is there anything else I can assist you with?