you have either misunderstood the advice you got or the person you spoke to is an idiot. either way speak to someone else
ex signed her name of title under natural love and affection
you have either misunderstood the advice you got or the person you spoke to is an idiot. either way speak to someone else
Well, all this is from actual experience! If you are not divorced whoever is earning more can be made to pay for maintenance of the other, particularly if that other is sick or incapacitated. Whoever minds the kids the most of the time will get the most of the settlement. If she has signed the house over to you I cant see how she could sue you for it, particularly as the kids are with you all the time. I would imagine the property settlement division would apply to defacto too
What happened in your situation is not what will happen in somebody else's. The Family Law Act 1975 requires the Court to look at a whole bunch of factors, and what I (and I suspect others) reacted to in your response was the suggestion of something as formulaic as "If you have the kids living with you the split of assets would be 70% to you 30% her". It doesn't work like that.
And now you're saying "If she has signed the house over to you I cant see how she could sue you for it", despite multiple lawyers stating that the names on the title are irrelevant for family law purposes.
Please don't present misinformation as fact, or particular outcomes as universal outcomes. It hinders MuikMoo rather than helping.
https://www.aussielegal.com.au/foru...e_Consent_Orders_Binding_Financial_Agreements
Legal forum on the net with big community inc. some lawyers. Much more likely to get a handle on the situation there.
Legal forum on the net with big community inc. some lawyers. Much more likely to get a handle on the situation there.
More likely to get even more confused there. I don't get why people think you can find proper legal answers online.
Its fine to get information or to get a general understanding of things, but its like trying to skip out on seeing the doctor - fine for a cold or a cough, but ridiculously stupid for something like a major illness or surgery.
I've just gone on that forum and there are no lawyers there givine incorrect legal advice.!
It just depends upon where they stand.
I've just gone on that forum and there are no lawyers there givine incorrect legal advice.!
sorry, that doesn't make sense!
I meant to write that there are a non-lawyers there giving out incorrect legal advice!
I wasn't suggesting you would get free individual actual lawyer information there. I wasn't suggesting it as a substitute for visiting a lawyer for specific case advice.
I was suggesting that if you need family law general advice you'll be more likely to get it from a forum specific to family law than from a property investors forum.
FYI the forum does have practicing lawyers dropping in from time to time and also people with lots of personal experience which they share and discuss. Much like Somersoft has a few professionals in various fields plus a lot of well infomed amateurs. It's basically the legal counterpart forum of this property investors forum.
Some of the legal advice I read here is also inaccurate, which is why I suggested a specialist forum. Esp w.r.t. family law.
I was suggesting that if you need family law general advice you'll be more likely to get it from a forum specific to family law than from a property investors forum.
FYI the forum does have practicing lawyers dropping in from time to time and also people with lots of personal experience which they share and discuss. Much like Somersoft has a few professionals in various fields plus a lot of well infomed amateurs. It's basically the legal counterpart forum of this property investors forum.
Some of the legal advice I read here is also inaccurate, which is why I suggested a specialist forum. Esp w.r.t. family law.
Fair enough. I agree it is still a good forum and I have now made several posts myself.
If you are worried about the safety of your kids I would recommend making a report to child safety.
As yet the whole "my kids don't feel safe there so I'm not going to give the mother access to the children" argument won't wash in my experience.
There needs to be evidence that they are not safe there. Maybe you have some? If so you make a report.
I would also recommend contacting the Family Relationship Advice Line. They deal with family break ups and custody issues, etc... and can refer to mediation and give some legal advice.
Family relationship advice line
Scope NAT
Phone 18 00050321
Opening Hours Mon-Fri 8am-8pm, Sat 10am-4pm
Web Site http://www.familyrelationships.gov.au/
If you want some advice on the general parenting matters I recommend your local perenting line: Parenting Sa, Parentline QLD/NT, Parentline NSW, etc...
Good luck!
As yet the whole "my kids don't feel safe there so I'm not going to give the mother access to the children" argument won't wash in my experience.
There needs to be evidence that they are not safe there. Maybe you have some? If so you make a report.
I would also recommend contacting the Family Relationship Advice Line. They deal with family break ups and custody issues, etc... and can refer to mediation and give some legal advice.
Family relationship advice line
Scope NAT
Phone 18 00050321
Opening Hours Mon-Fri 8am-8pm, Sat 10am-4pm
Web Site http://www.familyrelationships.gov.au/
If you want some advice on the general parenting matters I recommend your local perenting line: Parenting Sa, Parentline QLD/NT, Parentline NSW, etc...
Good luck!
