QLD What are My Chances of Getting Better Share on Property Settlement?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Justmeandi

Active Member
23 February 2016
11
0
31
I have been separated from my wife for 7 months after 14 years of marriage. We have three children aged 1, 7 and 9. I only have them every second weekend and one afternoon each week (which I am not happy about).

I have also sold the family home and the money is now in trust ($95000). My wife's superannuation is $150000 and mine is $85000. I believe salary sacrifice was possibly going on without my knowledge but I am not certain.

During this time, an inheritance is now involved for an amount she has not told me. I believe maybe $20k to $150k. I have received consent orders from her lawyer where we split everything halfway but keep our own superannuation. No inheritance mentioned.

Is it worth not agreeing to these orders to get a better share of the property settlement and superannuation due to this inheritance? What would be my chances of having more overnights with my children, or even one extra night on the other weekend?

Thank you.
 

sammy01

Well-Known Member
27 September 2015
4,842
689
2,894
You can ask for full disclosure of her finances - including the inheritance. But I don't fancy your chances of getting any of it, but if it was substantial, then it could be grounds for an adjustment in your favour as far as the other stuff like the house goes.

Are you self representing?

My thoughts: Write back say that you agree in principle to the financials (because it ain't a bad deal really). However, you are not happy with the child access and then explain what you want.

Just out of interest, what sort of child access do you want? I reckon you're better off in court as far as child access goes, but there are lots of variables that might apply that you've not mentioned...
 

Justmeandi

Active Member
23 February 2016
11
0
31
Thanks Sammy01.

I am not seeking any inheritance even though my gut tells me it is large. If the property share was altered a little more my way though it would be a bonus. What would be classed as substantial in my case? After legal fees, I feel it would not be worth the heartache, though.

Regarding the children, realistically, due to work I would like four nights per fortnight and at least one afternoon each week. With the provision of more time as the children get older. I would be relying on family two of the overnight mornings if they were weekdays due to my work.

My ex works from home with an importing business so she has more options. Would hired babysitting be negatively viewed by the courts if I used that service?

Thanks again.
 

sammy01

Well-Known Member
27 September 2015
4,842
689
2,894
Yep, look, it is always best to keep out of court.

Why not suggest 4 nights a fortnight for the older two and 4 nights for the youngest once he/she turns 2. As far as using babysitting, look, it is accepted that is what people have to do. Not a big deal.

Provisions for when the kids are older is kind of hard to deal with