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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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My Brother left s Wife 18 months ago after being unhappy

Customer Question

Hi, my Brother left his Wife 18 months ago after being unhappy for some years & moved in with Mum. They have a 12 year old Son together who visits my Brother every Wednesday night for dinner & stays every second weekend. My Brother was hoping this arrangement would be for just a short while until they sorted out settlement etc. However she is still living in the matrimonial home with her new partner who moved in last August. The issue is she/they are refusing to move out of the home or come to any agreement about the house, which has left my Brother still at Mum's & not being able to buy a property of his own & move on with his life. He is seeing a Solicitor but every proposal put forward by them to her, has being refused. Last week that went to a court hearing to arrange a mediation date, which he instigated but this is not until November , which seems such a long wait. My Brother has just received notification from the Federal Court that he has to appear before a court hearing in December regarding his ex claiming Spousal Maintanence & also a request to sign over all deeds to the property they own over to her. This is distressing my Brother greatly. Just wondering what your thoughts are on this matter. Thank you.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Hello and thank you for your question.

Unfortunately, the legal process can be slow.

Provided he follows the process, which presumably his lawyer is assisting him with, the court will ultimately make orders to divide the assets of the marriage (all assets owned by either party) on the basis it considers fair having regard to the contributions of the parties and the need to care for the children, as well as some other considerations which may be relevant, such as whether one of the parties has health issues, etc. Only a fully briefed lawyer, familiar with the detail of the circumstances of the parties can give a firm answer as to what your son's entitlement is likely to be, so your son should be guided by his lawyer in this regard.

The claims by your son's wife for spousal maintenance and claiming the family home are a simply matters that have to be dealt with as part of the property application to the court. No doubt if she has primary care for the children she will be entitled to a signficant share, but how much will depend on the factors listed above.

Child support is a separate issue and is an obligation that a parent in your sons's position has to meet and you can read more about this on the Human Services website:

http://www.humanservices.gov.au/customer/dhs/child-support

I trust the above answers your question.

Good luck and please rate my answer.

Patrick

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