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I just want an advice about my rights if me and my partner…

Customer Question
Hi I just want...

Hi I just want an advice about my rights if me and my partner split up. we have together for almost 7 years

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

TIA for your help

Lawyer's Assistant: What steps have you taken so far?

I haven't done any step yet but we do fight all the time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have a 3 year old son, what would be my rights in child support, and money and property issues. rthanks

Submitted: 11 days ago.Category: Australia Law
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Answered in 5 minutes by:
7/11/2018
Solicitor: Leon, Solicitor replied 11 days ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,720
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 11 days ago

Good Afternoon

The law in Australia says you are entitled to a split and the courts will apply the following 4 steps.

There is no simple formula though.

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

This applies to both married and defacto couples

If you are to have the child living with you then your ned is greater and an adjustment will be made in your favour.

Also you can apply for child support through the agency.

Here is the link to make the application

https://childsupportapplication.humanservices.gov.au/csos_site/assessmentapplication/registrationPage.jsf?wec-appid=cssr_reg&wec-locale=en_US

You do not have to go to Court for child support.

I hope this has answered your questions today.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 11 days ago
I haven't contributed much of his property and we didn't buy any property together, he did have a house but he sold it and now we are living in a property that rent free.
I just want to know what will gonna happen and what should I do just in case we separated. what should I do? I don't have a car nor anything, I drive his car to go to work as i drop our son to day care at the same time. when he bought a car it was bought jointly but it is registered in his name. What's the go with that?
Solicitor: Leon, Solicitor replied 11 days ago

Good Afternoon

If there is no property to split you can look at spousal maintenance for a period it is not indefinite.

But there is also his superannuation.

The split involves everything in joint names and also in your own separate names.

Here is some information about spousal maintenance.

https://www.diyfamilylawaustralia.com/pages/spousal-maintenance/how-is-spousal-maintenance-calculated/#.W0WNzNgzbfA

You have to see a solicitor and have a detailed conference and get more detailed advise. You have entitlements but you need to get more detailed advise.

I hope this has assisted with your further question.

Regards

Leon

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