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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I live in Queensland and my wife and I have separated 4

Customer Question

Hi, I live in Queensland and my wife and I have separated 4 months ago. We are currently living in the same house in different rooms. We have 3 children of 6,7 and 13 years old. We are currently on pretty good terms and no one has done anything unfaithful to the other. To be able to move on with our lives I am planning moving out in the new year into a rented place. My wife would stay in our family home for around 1 year. As most of our money is in the family home and the mortgage is very low I would be looking at having an agreement where she compensated me for that. I am concerned that if I am to move out she will want to stay in the house forever and I am not sure how to address that. Regarding the children I am wanting to have them 50-50 with her. This to me is the most important thing. I work from home and have total flexibility. She however does not want it to be 50-50 and wants to have the children 70-30 or something like that. I am completely in the dark about this process and what things I should consider and do along the way. I only want what's fair for all and that the children are our main consideration.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

I would suggest you work out how the split will be and get orders.

The law will apply the following 4 steps

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 Husband 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

When the orders are in place then you have something that you can enforce.

You will also have to go to mediation for the children.

You should get yourself a solicitor and get very detailed advise on what your rights are and what you need to provide to get this started.