SA Separation, Custody of Children and Financial Responsibilities

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8 April 2015
My partner left the family home 2 years ago. We share 50/50 custody of children since our separation, of our two children. We both moved out of the family home and it has been sitting empty. I have been paying solely for the mortgage on the property for two years. I have also paid all rates and bill associated with the house. I have all the receipts. She refused to help pay as she said she could not afford it. I was threatened that she would take my kids if I pushed the issue. I have finally got around to fixing up the house and getting ready to sell it. I have seen real estate agents and had it valued. I have asked her to pay the real estate costs as I cannot afford to as well as everything else. She says no way that we split the real estate fees and she wants half of the money we get when the house sells. She has again used threats.

What are my options in this situation? I just want the house sold and it all over with. But cannot afford to keep paying for everything. She says she left so it is not her problem and I should have stayed in the house. I did not want to do this for personal reasons.


Well-Known Member
23 July 2014
Were you married or de facto? If you were married, have you divorced yet?

Ian Macleod

Well-Known Member
30 January 2015
If you agree about how to divide your assets and liabilities, you can obtain consent orders by submitting the details of your agreement to the Court by way of an application for consent orders.
The Court will review your proposed settlement, and if it is satisfied that the arrangement is just and equitable, it will consent to your agreement. Both you and your partner must make full financial disclosure to the Court, that is, list all of your assets and liabilities, both those individually as well as jointly held. The Court will then decide whether the proposed property division is fair.
It’s worth pointing out the courts frown upon threats that involve the care and welfare of children or either party using the children as leverage in a dispute. Only the courts can decide who should have access to your children.
You can also make consent orders about parenting arrangements.
You can apply for consent orders using the Court’s Consent Orders Kit. There is a fee to submit your Application for Consent Orders.