Divorce and Separation free advice blog
This website is for people who are facing Divorce or separation and want to find out as much as they can to help them through. My firm is Journey Family Lawyers, who are specialist Family and Divorce Lawyers in Queensland. They have their own website at www.journeyfamilylawyers.com.au. This is a divorce blog where you can comment and ask questions about your marriage property settlement or children custody problems.
I hope you can find the answers to your divorce issues here, if not please email us at enquiries@journeyfamilylawyers.com.au or comment on the blog or phone us on (07) 3832 5999 and we will get back to you so you can know where you stand. Don’t forget we offer free 10 minute consultations by phone too, or one hour for $143.00. I am still slogging away on my book, Divorce a new users guide, and will post bits of it from time to time. The good news is that the book should be ready for publication mid 2013, if I can keep up the pace of writing, that is!
Regards Lynette Galvin
Thank you so much for offering this service. I am separating from my defacto partner of 13 years. When we first met i owned a substantial hobby farm with a small mortgage. My partner came into the relationship with nothing. We have a teenage son together. Initially and for about ten years my partner would put money into my account for household expenses etc and we would share bills etc. I would pay the loan. In the last four years we have both put money directly into the loan. My partner earns more than me. At the moment I am on Workcover but I have worked solidly through the relationship. I guess my question is how am I going to fare in this split financially considering I had a significant asset before the relationship started? Also, I care for rescue farm animals that require ongoing vet care. Are animals ever considered as ‘dependents’ for want of a better word during property settlement negotiations. My ex partner has threatened he will take half and if I can’t pay half the property will have to get sold. Im worried about our son’s inheritance (being the farm) and our animals ongoing care.
Hi Dolly,
In property settlement you can receive recognition for bringing in greater assets, this is usually referred to as an ‘initial contribution’. As to how much of the pool you ultimately receive will depend on a number of factors such as how much the initial contribution is compared to the overall size of the pool, length of the relationship, other contributions and future needs of the parties. We recommend seeing a lawyer who can walk you through the process used by the Court to obtain information about your entitlement.
The Court normally considers animals as ‘chattels’ in property settlement, they are not dependents. They are unlikely to make any Order in respect of animals unless they have some commercial or other value as part of a business ie show animals or commercial herds.