A member asked almost 9 years ago

Mothers entitlement in a divorce

I left my husband approximately 3 1/2 years ago. The 2 children 10 & 14 are living with me.  They see their father every second weekend.  He has them for about a week at Christmas.  He pays child support.

I would like to know what I am entitled to when I file for divorce next month. 

Thank you

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. The division of property on a divorce if a complex issue. Generally speaking, the law will entitle both parties to a share in all assets that were jointly owned at the time of separation. This will apply whether or not they are held solely in the name of one party or not. In addition to this, if one party has not worked during the marriage, but stayed home to raise the children, courts will consider this to be a contribution to the financial position of the family, and will take it into account when dividing property. As well as the usual assets, such as a house or car, the superannuation of the parties will also be considered. This is especially important if one party has not worked for a considerable period due to child rearing duties.

However, because you have been separated for three years, this may complicate the question. This will be especially true if there was no separation of assets at the time. This is because they the financial position of both of you may have changed since then, which may make quantifying them at the date of separation difficult.

Suggested way forward

Because of this, it would be appropriate for you to seek the advice of an experienced family lawyer who will understand the complexities of your situation. You can use LawAdvisor to find a lawyer in your area who is experienced in family law. By pressing the "Take Action" button through LawAdvisor - which opens in October - we can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of service.

Answered almost 9 years ago   Legal disclaimer

Val Antoff
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