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NSW Custody of Children and Property Settlement - Which One First?

Discussion in 'Family Law Forum' started by Clancy, 6 April 2016.

  1. Clancy

    Clancy Well-Known Member

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    Hi,

    I'm new to this forum.

    Divorcing after a 6-year marriage. One 4-year-old child.

    I want to self-represent in family court for custody of children and property settlement. My ex wants to settle property but is in denial over custody and refused to comply with the custody mediation.

    She is showing signs of being tricky over property settlement as well. Her lawyer sent me an out of court settlement offer and many things in my favor went missing, including a hundred thousand post marriage contribution from me, and her property investments in the Philippines (She is Filipino).

    I am not that bothered about getting a fantastic property settlement but I do not want her to succeed in hiding all those things. So long as everything is laid out before a judge, then I am happy with whatever happens.

    For going to family court, what I want to know is, should I do custody first or should I do custody and property both at the same time?
     
  2. sammy01

    sammy01 Well-Known Member

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    Do kids first. One reason for one parent to get a larger piece of the asset pie is future needs and that can be dictated by who is taking on the primary care role....

    So in my case, the ex got more because she was primary carer of 3 young kids - The youngest was 6 months old when we separated. But if, for example, you had 50/50 shared care or something similar then that reason for one party to get a bigger piece of the pie would be mitigated.
     
    Clancy likes this.
  3. Clancy

    Clancy Well-Known Member

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    This is what I was thinking, too.... I just wasn't sure because the legal advice I had so far did not mention this.
     

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