Asset Division and Custody Inquiry
The client is seeking advice regarding the possibility of achieving a 70/30 asset split during a divorce in New South Wales. The client asserts to possess evidence indicating that the ex-spouse has frequently neglected the children. Furthermore, the client maintains primary custody of the two older children on a full-time basis, has a 50/50 custody arrangement for the youngest child, and has flexible custody arrangements concerning the fourth child. The focus is on how these custody arrangements may impact the asset division process. Guidance is sought under Family Law regarding Child Custody and Divorce matters.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow does the Family Court in Australia generally approach asset division in cases where children have been primarily in one parent’s care?
In Australia, the Family Court assesses various factors when deciding on asset division, including contributions by each party and future needs. The living arrangements of the children greatly impact these decisions, especially when one parent has primary care. The court evaluates both financial and non-financial contributions made by each parent to the household and their care for the children. Since one parent has primary care, their contributions may be considered significant and could lead to a more favourable asset share. However, the court also weighs both parties' future financial needs, which includes the responsibility of supporting the children. Every case is unique, and the court aims for a fair and equitable division.
What kind of evidence will I need to present to support my claim for a 70/30 asset split in my favour?
To substantiate a request for a 70/30 asset split, you should gather relevant evidence, such as:
- Financial contributions: Record your financial inputs during the relationship, including income, assets at the start of the relationship, and any inheritances or gifts.
- Non-financial contributions: Document evidence of your caregiving role, such as schedules, letters, or testimonials.
- Future needs: Illustrate your future financial necessities and your capacity for earning, especially if caregiving responsibilities have influenced your career.
- Conduct: Provide proof of your ex-spouse's behaviour concerning the children's wellbeing, which could include witness statements or documentation.
These aspects are guided by the Family Law Act 1975.
How does my ex-spouse's behaviour, such as neglecting the children, impact the court's decision on asset division and custody arrangements?
The Family Court in Australia prioritises the children's best interests when determining custody. Neglectful behaviour by a parent can significantly affect custody decisions, showing a lack of ability to focus on the children's welfare. Such conduct might also influence asset division, particularly if it has resulted in increased responsibilities and costs for the other parent. However, property division typically centres on contributions made by each party and future needs rather than solely on behaviour. The role of the primary caregiver is often crucial in determining asset distribution.
What are the potential risks or downsides of pursuing a 70/30 asset split, and how might it affect future legal matters or relationships with my children?
Pursuing a 70/30 asset split could extend legal proceedings, leading to greater stress and costs. The court's primary focus is on fairness and future needs, which might result in a distribution less favourable than expected. Assertive claims may also heighten tension with your ex-spouse, possibly affecting co-parenting dynamics and the children's well-being. If the court views the split as unreasonable, it could harm your credibility in potential future hearings. Balancing assertive legal actions with cooperative approaches is critical to minimising adverse effects on family relationships.
Are there particular legal precedents or cases in Australia that may offer insights into how my case might be interpreted by the court?
In Australian law, the case of In the Marriage of Hickey is frequently cited for asset division, highlighting the importance of a just and equitable approach through various factors, including each party's contributions and future needs. The case of Malpass & Mayson could also provide relevant insights with respect to how parenting responsibilities influence asset division. The court usually considers the children's needs and the primary caregiver's role, affecting how assets are allocated.
