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WA Will Increased Care of Children Reduce Property Settlement Share?

Discussion in 'Family Law Forum' started by Monty, 26 May 2015.

  1. Monty

    Monty Member

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    I'm trying to find out if my ex-husband wanting to increase his share of the children will impact the property settlement percentage split? Since splitting in Oct 2014 he has had the 2 children 2 nights per week plus every second Friday and Saturday night he now wants to have 50% care being 1 week at each house ( custody of children). He claims its because he misses the children too much but I am wary and wonder if it means he will get more of a percentage of the property settlement once finalised?

    If anyone has been in a similar situation, please help thank you.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Just to clarify, are you saying the father has the kids six nights a fortnight, and you're wary that he may be pursuing seven nights a fortnight to get more out of the property settlement? Is that right?
     
  3. Monty

    Monty Member

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    Hi he currently has them mon and wed night every week and every second fri and sat night but now wants them one full week at his house then one week at mine and i am concerned about property settlement percentages moving more in the favour of him the more he has the children prior to any settlement we only have verbal agreements in place at this stage
     
  4. AllForHer

    AllForHer Well-Known Member

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    Okay.

    So, if your property settlement were to be determined by the court, it would follow a four-step process as follows:
    1. What's the value of the joint asset pool?
    2. What's the financial and non-financial contribution of each party?
    3. What are the future needs of each party?
    4. Is the property settlement just and equitable?​

    Care arrangements for the kids would fall under Step 3, however, it would be just one consideration of many. Given that there's a shared care arrangement in place and it's very nearly 50/50, the court would hardly give the issue any weight, if even any at all.

    However, it sounds like the court isn't arbitrating the property settlement, so really, you can settle however you want. If the father seeks to adjust the property settlement as a result of moving to 50/50, you can refuse to do so, and he can either accept or pursue court arbitration.

    Of course, court arbitration - for either parenting orders or a property settlement - is a risky process. It may end up costing either party more than what they would otherwise gain, so best avoided, in either case.

    Regarding the children's matter, I can see merit in the father's case for seeking week-about arrangements. In these circumstances, the court would make parenting orders only in the best interests of the children, outlined in section 60CC of the Family Law Act 1975. The difference between six nights a fortnight and seven nights a fortnight is nominal, but an arrangement that includes every Monday and Wednesday and every second Friday and Saturday may be posing some challenges - it may not be as predictable for the kids; they may be experiencing difficulty settling into the routine of each household given the chop-and-change nature of the arrangements; etc.

    So, summarily, rather than focus too much on how care arrangements might influence the property settlement, it might be more beneficial to consider the issues in terms of what's best for the children.

    Anyway, hope this helps.
     
  5. Monty

    Monty Member

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    Thankyou for your reply it does help much appreciated
     

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