Property Settlement Inquiry
The client, residing in New South Wales, is seeking information on a property settlement following an 8-year relationship, of which 3 years were spent married. The client owns livestock, a significant portion of which was acquired prior to the relationship. Together with their ex-partner, the client has shared ownership of a property, for which the ex-partner did not contribute financially. Despite the client covering most expenses, the ex-partner earns a higher income. The ex-partner carried the child due to the client's medical condition.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow will the financial and non-financial contributions we each made during the relationship be assessed in the property settlement?
In New South Wales, property settlements consider both financial and non-financial contributions. Financial contributions include income, assets brought into the relationship, and liabilities. Non-financial contributions, such as homemaking and caring for children, are also valued. The court evaluates the overall contributions of both parties throughout the relationship. Financial contributions, such as property maintenance, will be acknowledged, while the non-financial contributions of your ex-partner could also influence the settlement, as the court aims for fair division.
Can the care of our child influence the property settlement outcomes, even if my ex-partner makes more money than I do?
Yes, the care of your child can influence the property settlement outcomes, regardless of your ex-partner's higher income. The court considers the future needs of both parties and any children involved. The primary caregiver may be entitled to a larger share of the property to ensure the child's welfare is maintained, especially if one parent has a reduced earning capacity due to medical conditions.
What are the possible impacts on the property settlement due to the length of our relationship and the fact that we were married for only 3 years?
The duration of a relationship and marriage can significantly influence property settlements in New South Wales. Generally, a longer relationship may result in a more equal division of assets based on contributions over time. Since the couple was together for 8 years but married for only 3, the entire duration will likely be considered, especially in assessing financial contributions. The fact that the marriage was relatively short may limit the sharing of post-marriage acquisitions, but the total relationship length is crucial.
Given that I owned much of the livestock before the relationship, how might this affect the division of assets?
In New South Wales, assets owned prior to the relationship are considered part of your initial contributions, which can be protected to some degree in property settlements. The court distinguishes assets acquired before and during the relationship, but assesses the overall contributions of both parties. The livestock could be regarded as a contribution, potentially favoring the client in the division.
Are there any initial steps I should take to protect my financial interests before formal proceedings begin?
To protect your financial interests, document all assets and liabilities, including evidence such as bank statements and property deeds. Document any financial contributions toward shared assets. Consulting a solicitor may also be beneficial to discuss legal measures to prevent actions that could harm your financial position.
What if my ex-partner has been physically abusive since the split and my child has witnessed it?
If your ex-partner has been abusive since the breakup, it can significantly impact family law proceedings, particularly regarding parenting arrangements. The court prioritizes the child's safety and well-being. Evidence of abuse may influence decisions about parental responsibilities and living arrangements, as well as considerations in property settlements.
If the relationship broke down due to infidelity, does this affect anything?
In New South Wales, the courts do not consider the reasons for relationship breakdown in property settlements. The focus is on equitable distribution based on contributions and future needs.
If my ex-partner's behavior has affected my mental health, what can I do?
If your ex-partner's behavior has impacted your mental health, you might consider applying for an Apprehended Domestic Violence Order (ADVO) to protect yourself legally. Such orders can address harassment and could also be relevant in property settlements, as the court considers the impact of family violence.
