Family Separation in NSW
The client is ending a long-term de facto relationship and has multiple children involved. There are shared financial responsibilities, including a mortgage and two businesses under different names. The other party is attempting to influence one of the children to remain with them. The client is seeking information about their rights concerning property division and child custody.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my rights to a fair property settlement after a lengthy de facto relationship?
In NSW, a fair property settlement for a de facto relationship considers financial and non-financial contributions, future needs, and the welfare of the children. The court assesses direct contributions, such as income, and indirect contributions, like homemaking and parenting, as stated in the Family Law Act 1975.
How will the court address the businesses during the property division since they are under different names?
When dividing property, including businesses, the court will assess the nature and value of all assets, considering contributions made by each party and their future needs under the Family Law Act 1975. All businesses may be part of the asset pool, even if registered under different names.
What actions can I take if my partner is trying to convince one of our children to remain with them?
If a partner is influencing a child's living arrangements, you may apply for a parenting order through the relevant family court. The court aims to protect the child's best interests, ensuring they maintain relationships with both parents.
What factors are considered regarding the custody arrangement for our children?
The court prioritizes the children's best interests, taking into account their ages, emotional needs, and relationships with each parent, along with any relevant history of family violence.
How does the law in NSW handle the division of a shared mortgage after a separation?
Property division in a de facto relationship in NSW, including a shared mortgage, is determined under the Family Law Act 1975. The court assesses each party's contributions and decides if the property should be sold or transferred to one party.
