When it is time to separate, you struggle to find information for that very tricky early stage. One of our FREE 10 minute telephone consultations with a lawyer is one way to get advice quickly. Journey Family Lawyers hopes you will use this obligation free service or book in for one of our one hour, personal KNOW WHERE YOU STAND consultations for $143.00.
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. http://brisbanefamilylawyers.com.au/lynette-galvins-e-book/ I have written another 20,000 words so I am well on the way to finishing the book soon. It will be published, but if you are interested in a preview copy, (you can help me proof read it) then email us here.
Hi,
My husband and I have been married for 3.5 years. Our marriage is on the rocks (and has been for a while now) and I am considering separation. My husband has not contributed financially to anything we have. I pay all of the bills including the mortgage and car loan. The house deed is in my name but the mortgage is in both of our names and the car is in both of our names. I want to know if he would be legally entitled to any of it if we were to separate and divorce? My husband isn’t working and hasn’t worked since June 1012.
Thanks
Hi Sonia,
There is a way of working out each party’s entitlement in family Law. The formula looks at initial contributions of each party during the relationship, the finanncial and non financial contributions during the relaitonship and finally the post separation needs and factors affecting of each party. To work out each prty’s entitlement, we have to go through the individual circumstances for each person. However, without any detailed information, it is likely your partner will get some property. You get an accurate estimate of the percentage, you really need to actually see a lawyer.
Hi
My Husband and I are currently separated. We look at if we are heading in the direction of Divorce. I don’t have any family or support in QLD and want to head back to NSW. I have offered him extended school holiday visits and 1 or 2 weekends a term in Brisbane if he pays the flight costs. He is willing to give me the profits from the sale of our family home if I take no child support but is willing to pay for stuff if the kids need it and I can’t provide it. Do I need a formal agreement before I leave the state? Can I leave the state? I have no family or support network here and all friends are mutral or his. His new found friends and the cause of most of out current issues and people I don’t want my kids involved with as some have been to jail and or bike gangs. I want my kids to grow up with family around. How do I go about getting a formal agreement?
Hi.
You have raised two issues, children and property settlement.
You do not have to deal with the property before leaving the state though we would recommend you deal with it as soon as practicable. Also,if you do not formalise your property settlement according to the law, you have not had a legal property settlement and that can have adverse consequences in the future. Also, you can do Child Support Agreements that are binding for agreements to pay additional amounts for child support etc. However, you haven’t mentioned other assets like your respective superannuation etc and they need to be taken into account.
With the children, if you are relocating to another state, you definitely need an agreement. If you do not have one and your Ex changes his mind, you oculd be in a situation where a court orders you back to Queensland. If you have gone to the trouble and expense of re-locating to NSW and then have to return, it can be very inconvenient and expensive. Given your concerns about his new life style, you would be better to get some Consent Orders done and signed up before you move away. We often find a person agrees to something but then changes their mind so it is better to have enforceable court orders (usually Consent Orders) if you can get an agreement.
I think you really need to see a lawyer for an initial consultation to work out where you stand and what your options are in both aspects of your situation. We offer an initial consultation to do this for a flat rate for $143. They normally take about an hour and a quarter. After the consult you know your options and then can decide what to do next. The reason I suggest this is that to give more accurate advice, we really need to know a lot more about your situation and financial circumstances.
Hope this is of assistance. Let us know if we can assist further or call us on (07) 3832 5999. (We do offer free ten minute phone consults if you need any clarification of this advice).
Hi,
My partner and I have been together for 7 years and are now going our separate ways (we are not married). When we met, he already had 2 units and a boat and then we bought a house together. We have pretty much always had joint bank accounts and credit cards and all our money goes onto the loan and then we redraw from there. I don’t want to touch his units or the boat (even though we have upgraded the boat since then). I would just like to stay in the house (it is in my name) but obviously we would need to transfer the joint loan to just my name. If I keep the house, how do we work out what I would need to pay him? I don’t even know what money is mine since we have always combined our money (and he makes more than me). If you could point me in the right direction that would be very helpful.
Vicki,
Hi.
The law has a four step process to work out each party’s entitlement. From that you can work out what the end arrangements are, including how much would be payable to him. There is an article on our information website (http://www.brisbanefamilylawyers.com.au) which discusses the Four Step Process. However, you really need to see a lawyer to work out an accurate assessment.
With the transfer, if it is by agreement, it would be done through Consent Orders. You would have to refinance the house but there would be no stamp duty payable on the transfer (if it is done pursuant to Consent Orders). There is also an article “Ten Key Facts about Property Settlement” which may assist you. If you need further assistance, we offer a flat rate initial consultationfor $143. We go through your situationand work out your entitlements and options to finalise your matter. It takes about an hour and a quarter.
Hope this is of assistance.
Hi, my husband has been cheating on me for the past couple of years, that I know of and he finally admitted it but he’s still living with me and won’t leave. Everytime I ask him to leave he just says that he’ll leave when he wants to. He’s absolutely driving me crazy just by seeing him and his things here. What are my rights? Help me please, I’m losing my mind!
If you can’t leave for some reason, then you may have grounds for asking him to leave . The fact that he cheats on you is not sufficient to have him removed from the house. I suggest you talk to a lawyer to get see if there is any basis on which you could get a Court order asking him to leave.
We would be happy to chat, just call 07 38325999 for your free 10 minute advice or book an appointment for a one hour interview.
Hi Lynette,
Just a quick question please. I have been separated for almost a year, and we are now starting to sort out the actual divorce and the settlement. My husband earns over double what I do, and so we agreed early on that I would stay in the house until it sells, and he would rent. We would both 50/50 the mortgage repayments, and he would pay his rent.
What began as amicible has changed to getting lawyers involved on his side. His lawyer accidentally sent an e-mail reply to me instead of him, and in it she suggests that the settlement should include a “notional add-back” of what he has paid for his accommodation fees as I have been living “rent-free” since the separation. Can they do this? This will be thousands of dollars, and I’m quite worried…
Many thanks for any advice!
Hello El,
Well if he has gone to a lawyer, I think it is time to get your own proper legal advice. I can’t give you too much definite info on these general pages, but I can tell you some general things that are taken into account. If both parties are on the same wage and if the rent and the mortgage are about the same, then usually the Court expects that the person living in the house pay all of the mortgage or have it added back at trial.
In your case, since from what you told me, you are on a lower wage, then the money he has contributed towards the mortgage would seem to me to be a kind of spouse maintenance, and therefore NOT added back. I therefore would stop worrying, if I were you but go and get some basic advice on where you stand because it sounds like his lawyer may pursue this argument and you will need to defend yourself. You can still end in a Consent order but first each of you has to be sure that what is happening is absolutely fair or a reasonable compromise.
As for the email you received by mistake.I think you should delete it, as you cannot use it in any Court proceedings without getting in trouble.I have more information about Consent orders here. Best wishes Lynette
My 16 year old daughter needs a passport but has no contact with her biological father since infancy (he’s only seen her about 4 times). I have Consent Order to that enables me sole guardianship but now find that I need his signature to gain her a passport. Is this true? I really don’t want to contact him as she does not want me to (emotiona reasons) but she also needs a passport. Is there another way. We want to go overseas in 3 months.
HI there, thank you for your question. I believe that because you have sole guardianship you don’t need to have the other parent’s signature to get the passport. if I were you I would recheck with the authorities. If they still insist, then you will need to move quickly to bring an urgent application to the court to get the passport application signed by a Registrar of the Family Court. If you want an urgent appointment, please call 38325999 on Monday. Good Luck,
Lynette
HI just a quick question. I have been separated from my children’s father for approx 4 years and we have never done anything official but I have since been told that I could have been entitled to his super. Is there a time frame on claiming and what do I have to do to do this if that was the track i wanted to go down.
Hello, Rebecca, and thank you for your question. The time limit for claiming on your ex partner’s Superannuation if you have been married, is one year after the divorce although there may be exceptions to that.
If you were never married, then the time limit is 2 years after separation, although there may be exceptions to that. Best wishes, Lynette
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.