When it is time to separate, you struggle to find information for that very tricky early stage. Usually, in my research I find heaps and heaps of information on what to do after you have been separated for a while, or if you are going to Court, but I have written a few pages on what you should be doing right at the very start of separation journey. It is in my e book page and I will try to put a link here.http://brisbanefamilylawyers.com.au/lynette-galvins-e-book/
Hello,
My husband just left me via a text after 2 1/2 yrs marriage and 8 years together. Nothing is in my name. I am living in the house but not paying anything towards mortgage as I am at Uni (finish July). I contributed up until June last year and I live in the house as he is living away. I am trustee on his truck company business. I have nothing. He says i can stay till I finish Uni but I will still be broke. We have no joint accounts either (I know – there was always an excuse why). The house was built after we got engaged but it was his deposit from previous homes. Obviously I have been keeping it in good state and doing basic maintenence. Do I have any rights? Can he force me out? Is it true that I can stay here until we are divorced and it takes 12mths? I’m forty and broke and so worried I am going to be homeless too.
Oh Karynne, how awful for you. I am sorry I have been away from my blog, so wasn’t able to be there for you. I see that you left your comment at about 5.00 am so you must have been going through hell.
I assume you are in Australia so I can tell you about Australian law, generally, since you give me some information, but not as much as you would over the phone I guess.
Firstly, your relationship was over 8 years so the Family Law Act will enable division of property between you both based on that length of relationship. The foiur step process involves, calculating the assets, evaluating contributions, and then evaluating future needs. Finally the Court looks at what is just and equitable.
In your case, his contribution is the issue that he will argue. It is a factor, but you have also made non financial contributions by being the trustee of the trucking company for instance and also maintaining the house. YOu also made financial contributions up till last year .
Your future needs compared to his may be influenced by whether or not you finish your degree before property is divided and also how much you can earn once you have.
I can only say for sure that 1. You do have a right to share in property accumulated during the co habitation of 8 years, including the Superannuation of both of you.
He will get some adjustment for his initial contribution.
To protect yourself from being forced out, you should see a lawyer straight away. It is not true that you can automatically stay for 12 months until the divorce, as prople can get property settlement before they get a divorce, so can apply almost as soon as the marriage has broken up. The only delay would be in getting a Court date to have the matter heard.
I think you need to be investigating your rights properly, but I hope this can ease your mind somewhat.
Call us if you want to make an appointment for more detailed information about your options. I hope this general information helps, Kind regards, Lynette
My marriage is ending and my husband won’t leave , however I’ve been told if I take our three kids and move to a rental I may b jeopardizing the settlement.. Is this true?
Hi Jacqui,
No it is not true. Your entitlement remains the same whether you are in the former family home or not, so, if you can afford to go, and you cannot stay, there is no reason for you to stay usually. I think that time when you don’t want to stay but haven’t decided to go, is the most destructive for the mental health of everyone involved, including the kids. If you are not sure about going, get some counselling to see if your marriage can be saved. I hope this helps,
regards Lynette
I am in separation of 16 months after 38 years married we are living under same roof separate Bed rooms,
I am 69 she is 63 she had and still is having an affair,she get allowance of being separated under the same roof, and gets $462.80 ever fortnight as a new centre link new start allowance , and has been taken $150 every week when she is at home,When do i stop paying is $150 which she only spends about $60 week on food but she does do the cooking plus does the washing ironing and cleans the house , but no other contribution’s,
My son is still living in the same house as his partner, though they are not together . She won’t move out and the lease is in his name. What can he do. Also how can he be protected from her stalking him.
Hi there,
I have responded to a similar question for Amanda . Please see that answer. Best wishes,
Lynette
Great idea as a site and now a question..
If I’ve been trying to start and run a buiness and my partner has been the sole bread income earner what happens in terms of settlement when it comes to indicating contribution to the relationship? Cheers
Thank you for your question, Matt.
Contributions to marriage pool are considered both as financial and non-financial contributions and before during and after a relationship.
I have no doubt that if your business were to be very successful your partner would be stepping up to claim her share of your wealth.
The court says that if your business where to fail and cause loss of wealth to the family as a result, then your partner should also pay.
In family law there are only very rare circumstances where profits and losses of business activities are treated separately to the rest of the pool.
I hope this helps you and I wish you well in your business. Have you read the E Myth by Michael Gerber? It is a terrific business read .
I like all these great articles you have!
Why thank you, Dave. I hope you find them useful. We are currently planning a whole lot more information. Your encouragement is great.