Divorce Matter Overview
The client, located in Victoria, is contemplating divorce after a 7-year marriage and is not listed on the title of the family home. They work casually as a nurse and are the primary caretaker of two young children, with limited access to legal documentation concerning their marriage and finances. The client rates their financial contribution to the marriage as low and their non-financial contributions as significant. They are considering the need for spousal maintenance and child support during and after the divorce.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my rights to the family home if my name is not on the mortgage?
In Australia, even if your name is not on the mortgage or the title of the family home, you may still have a claim to it due to the Family Law Act 1975. The court considers both financial and non-financial contributions when determining property settlements. Given your role as the primary caregiver, you may be entitled to a share of the home's value. The court considers the future needs of both parties, especially in relation to children. It would be advisable to seek legal advice to understand your specific entitlements.
How can I ensure that my casual employment status does not disadvantage me in the property settlement?
Your casual employment status does not automatically disadvantage you in a property settlement. In Australia, the Family Law Act 1975 considers both financial and non-financial contributions to the marriage when dividing assets. Highlight your significant contributions as a primary caregiver. Ensure any future earning capacity is considered. Consulting with a family lawyer can help present your contributions effectively.
What steps should I take to secure spousal maintenance or child support during and after the divorce?
To secure spousal maintenance and child support, start by formally applying to the Family Court of Australia. It's crucial to demonstrate your need for financial support and your spouse's capacity to pay. Given your role as the primary caregiver and limited financial contributions, ensure you document your income, living expenses, and any financial contributions made to the household.
What documentation should I gather to prepare for the divorce proceedings and property division?
To prepare for divorce proceedings and property division, gather these essential documents: 1. Marriage Certificate 2. Bank Statements 3. Details of Casual Employment and income 4. Childcare Arrangements 5. Household Expenses records 6. Any Communication Records regarding finances or property 7. Immigration Documents, if applicable.
How will the court consider the financial contributions and non-financial contributions when dividing our property?
In Australia, the Family Law Act 1975 considers both financial and non-financial contributions when dividing property. Your non-financial contributions, such as childcare, are significant. The court aims for a fair distribution, recognising your role in maintaining the family home and caring for your children. Your contributions throughout the marriage, both financial and non-financial, will be taken into account.
