3 Comments Family & de facto law, financial agreements, consent orders
a) yes, although you can appeal a ruling.
b) this is a moral rather than legal question. Have they done a property settlement? If not they should do so - to be in the state of limbo with shared property is no good for either party. Generally, one party stays in the house until sold paying the mortgage in lieu of rent. Any other arrangement is up to the parties involved and the capacity to pay etc.
c) does he have an agreement for this? Are they private school fees? If the children are predominantly with their mother (primary care) the expectation is that the school fees will be paid from this. Private school fees are treated differently. If there is an official agreement or it is private school fees, he will essentially have to keep paying that amount.
d) Again, this should be factored in already if he is paying CSA money. Unless there is an agreement to pay this.
Really appreciate your quick reply:
b) no they haven't done anything. Everything is very cordial and we all get on fine which is best for the kids but I think the decrease in earnings will cause a big issue. The divorce only came through recently despite a very long separation of over 5 years. So they really need to do this - and wills. I must admit I assumed there was some kind of responsibility to provide a family home for the kids until they finished school. Maybe that is the old fashioned legal approach when mums did not always work (was the case with my parents).
c) A verbal agreement - and yes it is private school fees.
d)I don't think there is any arrangement , there have been no issues so far but something that needs to be understood.
I hope he is aware that the money he is paying into the mortgage will not be factored into the settlement. In other words if since separating he has paid $100 000 into the mortgage and she has contributed $0 and the house is worth after the mortgage is paid out is $400 000. And lets say they split 70/30 due to her having the children. Then he will receive $120 000 and she will receive $280 000. The extra $100 000 is considered a voluntary contribution by him and is ignored. Just letting you know.