NSW Property Settlement After Separation - What am I Entitled to?

[Cassie Jordan]

I've been separated from my husband for 5 years ... during this time we've tried on several occasions to work things out, and it never happened. He is now saying I am not entitled to a part of his superannuation for the period we were separated.

I've only been able to do part time work as I've been raising our 2 daughters, they are aged 10years and 12years. He has also started mediation to have custody of children 50% of the time.

I'm totally lost I have no idea where I stand, what I'm entitled in property settlement to or where do I go for advice?

 

[JS79]

Hi,
Firstly, attend all mediation sessions. If you do not go to them he can apply for a certificate to go to the family law court.

If you attend them you do not have to agree to everything your ex husband is asking. All they ask is that you make a genuine attempt to mediate. This includes going to a course where you are guided to put your children's best interests first before yours when it comes to making a decision.

If you and your ex husband cannot agree on an arrangement you will both me given a certificate to make an application to the family court to put in place a parenting order.

I suggest you contact a family lawyer in regards to the superannuation/property situation as there is certain time limits to put in place property settlements. See Get Connected with the Right Lawyer for You
to be connected to a local family lawyer.

I have found some articles that will be of some help to you:

• The Family Law Act 1975 - How Does It Impact Your Family? - Legal Blog - LawAnswers.com.au
• Property Settlement After Separation - Rarely a Case of 50:50 - Legal Blog - LawAnswers.com.au
• Property Settlement After Separation - Agree Now, Don't Pay Later - Legal Blog - LawAnswers.com.au
• Four Common Parenting Plan Questions - Legal Blog - LawAnswers.com.au
• Family Law Mediation - Have You Considered It? - Legal Blog - LawAnswers.com.au