by Spirax  25/04/2019  1 Comments  80 Page Views
Family & de facto law, financial agreements, consent orders
What factors are taken into account when property is being divided between a married couple that now wish to divorce?

My friend is a housewife and has no income. Her husband was the sole income earner while she cared for her six children. She is now the full-time carer of the youngest who suffers from severe mental and physical illnesses which are chronic and debilitating in nature, and so cannot work (although all of her children are 18+).

Her husband subjected her to substantial physical, emotional and financial abuse throughout their marriage. To top it all off he did not contribute significantly financially to the care of the children while they were growing up (his pay check only went into mortgage payments), and hid his bank statements. He has now spent that money by going overseas and remarrying. He no longer lives in the family home but wants to force a property settlement and wishes to get the 50% off of the house as both names are on the mortgage.

I don't believe this is morally fair, given the circumstances, but i'm not sure what the law says about situations like this. From what I've read a judicial financial officer will decide on the splitting of assets and that some factors may be taken into account to give either party more or less than 50/50.

My friend is a victim of substantial abuse and due to her financial situation, non-english speaking background, and carer duties hasn't been able to find answers.

Does anyone have any experience with situations like these?