NSW Ex-wife demanding equity in newly formed business

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17 February 2018
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My ex-wife is claiming she has a right to equity (or payment of some kind) in a company I formed 2 years after we separated.

Some quick background - while we were married I developed a piece of software in my spare time. We separated two years ago and reached a financial settlement via court order six months ago. The software was not mentioned in the settlement. Three months ago I formed a Limited company that will use the software as part of it's service. The company has received a small investment giving it a valuation under $1m.

My ex is now claiming she should receive equity because I developed part of the software while we were married and she supported me. The software was developed in my own spare time while I was working full time. My ex made no financial or intellectual contribution to the software or the newly formed business.

Would she have any claim on the IP or be able to make any other claim on the software as an asset from the marriage or the business?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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This should go in the family law forum.