NSW Property Settlement and Custody of Children - What is a Fair Outcome?

[Colint50]

Hi all,

I would be so grateful if you could give some guidance with the following situation under Family Law. I am aware that if a property settlement had to be negotiated through the courts, that each individual circumstances would be taken into account so no particular percentage split is given as a general rule.

My daughter is hoping to negotiate a settlement between herself and her ex-partner, and try and obtain an outcome that is reasonably fair to both parties without going to family court, and having all the extra legal expenses as well.

They have agreed that she will have custody of children 5 days/week, and he has them 2 days/week - the children are all under 10 years of age.

She has suggested that they split their assets 70/30, (which is a similar proportion to which Centrelink determined the maintenance arrangement) and that his superannuation is split 50/50. At present, he has agreed with this.

Is this a fair outcome?

I would appreciate any guidance with the above plan. Many thanks in advance.

 

[AllForHer]

We can't really provide any insight about whether that's fair or not because we don't know any information about contributions and future needs, but at face value - which you should not take as legal advice, in any circumstances - I would say that if she is on the receiving end of the 70%, then what she is asking is far more than fair.

If I were in his position, however, I would not be accepting 30%.

For the record, though, property settlements won't be accepted by the court unless both parties have sought legal advice.