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QLD Family Court - Can Partner's Ex Take Everything?

Discussion in 'Family Law Forum' started by Tessie, 16 September 2015.

  1. Tessie

    Tessie Member

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    Hi, my partner is going through a divorce, property settlement and custody of children issues with his ex. HIs divorce will be finalised on the 26th Sept. Their house was owned in partnership with her parents. The parents paid their half cash and the other half was mortgaged by my partner and his ex. He currently has his son 4 nights a fortnight and is wanting him 50/50. His ex has refused all offers of mediation and has now filed just the property matter in the courts.

    She is wanting him to sign over his share of the property and also wants 70% of his superannuation. His financial contributions from the start of the marriage to the finish have been much much greater than hers and her parents have been the ones caring for the son. She does not keep the house nor has done cooking cleaning or home duties. She has consistently lied throughout the documents that have been filed in the court and during the marriage (as well as after separation) has been both physically and verbally abusive.

    Are these things able to be presented in family court and what are her chances of taking him from everything he has worked for since he was 16? They have been married 10 years and the boy is nearly 7.

    Any information or help would be appreciated.

    Thank you.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Tessi,

    There are no hard and fast rules when it comes to court ordered property splits. The court follows a 4 step process to determine what is fair and equitable taking into account both parties' financial and non financial contributions to the relationship and also the future expenses and income earning capacity of each partner.

    If your partner's ex has lied in her evidence your partner will also be given the opportunity to present his side of the story. I would advise that he seeks legal advice if he is going through with a court settlement. A lawyer may also be able to better negotiate custody arrangements and property settlement out of court. These arrangements can then be finalised with consent orders - which do not require a hearing.

    Check out these articles:
    Property Settlement After Separation - Agree Now, Don't Pay Later - Legal Blog - LawAnswers.com.au
    What the court considers when making a parenting order | Victoria Legal Aid
     
  3. Tessie

    Tessie Member

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    Thank you so much for your reply.
     

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