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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5421
Experience:  Dip Law LPAB - Sydney based lawyer
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My name is my son and s wife have separate it been a year

Customer Question

Hi my name is ***** ***** son and his wife have separate it been a year and 3 months .his took what ever she wanred and move out they just went court and settled custody of child and property settlement. Now she is demanding she wants other things in house she hasnt lived there for 13 months is she intitled to them
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

If they both reached an agreement as to who got what, then that should define ownership until such time as a court makes contrary orders.

Your son therefore does not simply have to give her whatever she wants.

That said, unless their agreement was formalised in consultation with lawyers, as is required under the Family Law Act, it is possible for either party to apply to the court to redistribute either parties assets to the other. When considering such an application, the court redistributes assets as necessary to achieve what it regards ***** ***** fair outcome taking into account various factors. However, until the court makes such orders, your son is prima face entitled to whatever they previously agreed he was entitled to.

I trust the above assists your understanding.