My question is on behalf of my brother and is about the percentage split on a property settlement considering the age of the applicable child.
Married in 1992, Separated on 24/12/2017 (wife says) and 24/01/2018 (husband). This is a case in the 2 years before separation the husband worked away from home, only home on weekends. In hindsight, the wife was single on two incomes and decided she did not want to be married anymore once this work ceased and he was going to be back home fulltime.
Wife and children lived in the family home from separation until February this year, husband continued to pay the mortgage; he lived in the caravan on a relatives property. From February, the wife and children opted to rent in nearby town.
Assets are the family home (originally purchased by husband only but has a joint mortgage), a caravan, cars and furniture and equipment. As the husband had been working away, there was a list of maintenance to be done on the home, which was due to start in early 2018 but was never done due to the separation.
Both children have lived with the wife, a 22 year old (child22) and a 17 year old (child17). Child22 refuses to look for work or claim Centrelink entitlements so not contributing to the household.
Child17 dropped out of year 11 in March last year then later in the year was trying to catch up with TAFE studies. Child17 has been in year 12 this year and is due to finish studies in November. This child turns 18 years of age in late August. There is a whisper this child has dropped out of studies again but not confirmed. Child17 does not come to stay with dad at all and he is paying maintenance.
Both have lawyers acting for them (at wife’s insistence), the pool of assets is not massive in this case and could have been sorted without these extra costs but the wife is stubborn and needs to get her way. The main items in negotiation are the family home, caravan, cars and superannuation split. At first the family home and caravan were to be sold. After the husband reviewed the initial draft of Consent Orders, and to settle earlier he made a more reasonable offer of cash based on the cost of repairs to the family home as he was taking a chance it would later sell for the valuation figure, not less. The caravan amount was a separate cash offer then the consideration of the superannuation split. Of course, the wife refused this offer and now wants to go to court, which is such a waste of funds. The wife has overestimated the assets and is greedy in what she feels she is entitled to.
My question is considering child17 turns 18 in August and if (maybe) still a student until November is the wife still entitled to a 60+ percentage split of the settlement. Is a 50/50 split more reasonable based on these last few months? I have not been able to find a similar question in the forum.
Married in 1992, Separated on 24/12/2017 (wife says) and 24/01/2018 (husband). This is a case in the 2 years before separation the husband worked away from home, only home on weekends. In hindsight, the wife was single on two incomes and decided she did not want to be married anymore once this work ceased and he was going to be back home fulltime.
Wife and children lived in the family home from separation until February this year, husband continued to pay the mortgage; he lived in the caravan on a relatives property. From February, the wife and children opted to rent in nearby town.
Assets are the family home (originally purchased by husband only but has a joint mortgage), a caravan, cars and furniture and equipment. As the husband had been working away, there was a list of maintenance to be done on the home, which was due to start in early 2018 but was never done due to the separation.
Both children have lived with the wife, a 22 year old (child22) and a 17 year old (child17). Child22 refuses to look for work or claim Centrelink entitlements so not contributing to the household.
Child17 dropped out of year 11 in March last year then later in the year was trying to catch up with TAFE studies. Child17 has been in year 12 this year and is due to finish studies in November. This child turns 18 years of age in late August. There is a whisper this child has dropped out of studies again but not confirmed. Child17 does not come to stay with dad at all and he is paying maintenance.
Both have lawyers acting for them (at wife’s insistence), the pool of assets is not massive in this case and could have been sorted without these extra costs but the wife is stubborn and needs to get her way. The main items in negotiation are the family home, caravan, cars and superannuation split. At first the family home and caravan were to be sold. After the husband reviewed the initial draft of Consent Orders, and to settle earlier he made a more reasonable offer of cash based on the cost of repairs to the family home as he was taking a chance it would later sell for the valuation figure, not less. The caravan amount was a separate cash offer then the consideration of the superannuation split. Of course, the wife refused this offer and now wants to go to court, which is such a waste of funds. The wife has overestimated the assets and is greedy in what she feels she is entitled to.
My question is considering child17 turns 18 in August and if (maybe) still a student until November is the wife still entitled to a 60+ percentage split of the settlement. Is a 50/50 split more reasonable based on these last few months? I have not been able to find a similar question in the forum.
