NSW Needing Some Property Settlement Guidance?

[Joan field]

Hi,

I have had a browse but can't seem to find the answers . Looking for some generalised guidance to come to a fair property settlement that doesn't involve a court due to small net asset pool.

Facts being:

Me 26 and her 23. I had net assets including home and mortgage of around 40k when I met my partner. For the next year and a half, she didn't really work or have an income (7k) and I fully supported her at my house.

After that we fell pregnant and have since had two kids. Net assets roughly 75k now and I put her name on the title and refinanced the home 1 year ago.

She hasn't worked since she first fell pregnant and has since been at home watching the children (just as valued as working). We are looking at separating assets and she wants half of the equity in the home (total being maybe 50k) and that's it.

What I want to know is does the fact I was the only one with any assets when we met and I supported her for almost 2 years before we had kids affect this.

I have done the calculation of all net assets including super, etc, etc, from the day I met her till now and offered her half of the increase in that. Is that fair or will the courts take into consideration the entire balance and disregard my asset pool prior to meeting her.

Also if there is a rough gauge of split in her favour on either calculation due to her lower earning potential, etc?

Many thanks in advance for any info or links!

 

[Rod]

and she wants half of the equity in the home

Take the offer (~$25K) while you can. It seems entirely reasonable and may save you lots of grief by accepting the offer. Don't sound too keen though or she may change her mind and go after more.

Upsetting her is likely to lead to parenting issues if you refuse. You are still young and can rebuild much easier than she is able to manage - especially if you are not going for 50/50 custody.

 

[Joan field]

We are on good terms and helping each other parenting wise. So I take it my net assets before hand don't mean much as 25k is about 90% of my net asset increase over the entire time I was dating her ! But if that's the way the courts see fair I'm happy to do it

 

[CSFLW]

Hi JF

How long have you been a de facto couple and what are the proposed parenting arrangements?

 

[Joan field]

4 years
Shared care in the interest of the children .still looking at what is best for them but it appears at this age, less nights away from the primary carer is better for them..
So I have both for dinner one night. Than the eldest for a night than both for a night and day of the weekend.

 

[CSFLW]

Are the over night accesses in the same week?

 

[sammy01]

Do you want more time with the kids down the track?
Suggestion, be a little generous with the $$$ but ask for consent orders that sees your time with the kids increase over 2 yrs. So when youngest is 4 for example you'd want 4 nights a fortnight and 5 nights and half holidays from the age of youngest starting school. If she is agreeable to that, and that is what you'd like with the kids down the track then try and negotiate around that... Sure, lose some $$$ now, but pay less child support down the track and no fight in court later on... If of course 5 nights and half holidays, for example is what you want... It is likely that is what a court would do in a few yrs assuming you're not an ice addict or something..