QLD Domiciling arrangement question

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Burke

Member
15 July 2020
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We have 4 children, one with special needs and a house that is well set up with space and equipment for the children. We couldn't reasonably afford two houses that would be similarly well set up.

Sorry if is a silly question, but in the case of relationship breakdown do courts recognize settlements where the house is maintained jointly for the children with the two parents moving in and out in a joint custody arrangement; or do the courts require that there are separate residences for the parents and the children must be moved between them?
 

Atticus

Well-Known Member
6 February 2019
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in the case of relationship breakdown do courts recognize settlements where the house is maintained jointly for the children with the two parents moving in and out in a joint custody arrangement; or do the courts require that there are separate residences for the parents and the children must be moved between them?
Interesting idea .... There are essentially two aspects of family law at play here...

1) Parenting .... Fist of all there are 3 ways you can handle parenting arrangements post separation. A) Just as you agree to do it, no court orders or plan. B) a parenting plan that sets out how you both want to parent. C) A parenting order.... This can be done by a consent application to the court .... Only advantage is if you want/need the orders to be legally enforceable

As far as parenting goes, there is nothing that I am aware of that would prohibit you from doing as you propose, unless for some reason it was considered not in the best interests of the kids ( doesn't appear to be in this proposal on the face of it)

2) Property .... This one may be a little trickier in as much as you are essentially sharing an asset, & the act does require that a court separate any financial relationship (unless there are extraordinary circumstances) ... A court order also can only deal with a property settlement AFTER separation .... Of course there is nothing compelling you to actually formalise a separation at all, BUT, bad idea, you should .....

I recommend instead you look at a Binding Financial Agreement (BFA) ... This is a legally binding agreement that can set out how you want that house dealt with if you were to separate.. It doesn't involve courts & I think would be better suited to achieving what you want ..... a BFA will give you both a degree of certainty moving forward ..... See a lawyer, who can explain it in detail... A lawyer is required to write it up & certify that advice has been given..