NSW Separation Under Family Law and Centrelink Fraud

[Vnk]

My wife and I are in the process of getting separated. She has been making fraud claims to Centrelink, saying we have been separated, but still living together. This was not true. When I found out about this, I reported it to the Centrelink fraud line. She's been getting benefits from Centrelink for about one and a half years, due to this, she put a false allegations of domestic violence against me, which is still in the court.

Now she wants a separation. How do I go about this?

 

[AllForHer]

Sorry, I'm a bit confused about what you're asking. Are you asking how to go about separating from your partner?

 

[Vnk]

Want to know, if Centrelink fraud is going to impact the separation & settlement

 

[Vnk]

As she is falsely getting benefits , and false allegations of domestic violence against me

 

[AllForHer]

Well, the debt she may owe to Centrelink will likely impact the settlement because it may be a cost you both have to wear.

The allegations of domestic violence, however, are a different kettle of fish - they don't have much bearing in relation to Centrelink or a property settlement, but they may have impact if there are children involved.

If she's pursuing a prevention order privately, then you have the choice to accept the terms of the order without admissions (this means you agree to follow the prevention order, but you do not admit guilt of any of the allegations) or you may wish to contest it at trial.

Does this help?

 

[Vnk]

Thanks
What would be the outcome about kids custody, due to this?

 

[AllForHer]

That's impossible to predict, but the allegations of domestic violence will be taken into consideration by the court when determining parenting orders that reflect the children's best interests. It may go against you, or it may work in your favour if the mother's evidence isn't credible. The court won't make a finding about whether or not violence has actually taken place, but rather, it will determine on the balance of probabilities whether there is unacceptable risk to the child.

But the court may not have to make any decisions at all because it's required that parents attempt to reach agreements about parenting and property matters before asking the court to intervene. This is done through a family dispute resolution conference, where a neutral third party will help guide the discussion to keep parties on point. You can contact Legal Aid of another service provider to get the ball rolling for mediation.

 

[Vnk]

I was proven not guilty at the court for domestic violence allegations, now she wants separation. What would be the best way to go about it ?

 

[Vnk]

How much would she be entitled with the property settlement

 

[AllForHer]

There's no hard and fast rule for property settlements, and it can be anything you both agree to at a family dispute resolution conference, which is mandatory before either party can proceed to court.

Failing agreement and you decide to file for property settlement through the court, the court considers the following issues to make a determination:
1. What's the total value of the shared asset pool?
2. What were the financial and non-financial contributions of each party?
3. What are the future needs of each party?
4. Is the settlement just and equitable?

Most people start at 50:50 and work from there. If one has made significant financial and non-financial contributions, it may go 55:45 in their favour. If one has significantly lower chances of employment and care of the kids in future, it might back to the other way in their favour.

Hope this helps.