How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Brisbane.Lawyer Your Own Question
Brisbane.Lawyer
Brisbane.Lawyer, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
75875724
Type Your Australia Law Question Here...
Brisbane.Lawyer is online now
A new question is answered every 9 seconds

My partner and i have been together 18yrs house oin both

Customer Question

My partner and i have been together 18yrs house oin both names he became my carer as i have Parkinson disease but we split cause he got himself a girlfriend split about 18mths ago.he now wants to split house and leave. Do i get a larger percentage of house seeing i have a disability or is it 50 50
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane.Lawyer replied 1 year ago.

Hi Sue

The split will be what you both agree to... or if a Court is left to decide... then it will be as decided by the Court.

Many factors (set out in the legislation) are required to be considered before a % split of the joint marital asset pool (which includes both your superannuation balances) is decided by the Court.

The fact you were together 18 years, means that what you brought into the marriage will have a much lower weighting, if there was a difference... than if you were married only a short time ago...

The fact you have a disability, also means that relatively speaking you will not only have greater future care needs, you may also have less earning potential... which (everything else being equal)... should result in the Court awarding you a higher share of the assets.

Please read the following prescribed reading issued by the Court which outlines the process that is required to be followed prior to any Court action regarding a property settlement:

http://www.federalcircuitcourt.gov.au/wps/wcm/connect/7db1162a-8de7-44f0-8b2c-0fc65b953d3f/BRPREFIN_010309+V3a.pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=7db1162a-8de7-44f0-8b2c-0fc65b953d3f

It is possible to agree outside of Court - but you must both first obtain certificates of independent legal advice before you sign any Binding Financial Agreement (known as a BFA).

If you can both agree, another alternative is to lodge consent orders with the Court for its approval.

Kind regards,

James