How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44184
Experience:  24 years experience. Admitted in New South Wales and the UK.
12124641
Type Your Australia Law Question Here...
Leon is online now

My daughter was born in the UK but has lived in Australia for

Resolved Question:

My daughter was born in the UK but has lived in Australia for about 14 years and also has Australian citizenship. She has lived with her partner for 16 years in Queensland and they have two children together. She has worked full time for the last 6 years but the house they have now bought is in her partners name only,even though she has worked full time to enable him to give up his job to develop a company which is also in his name only. If they were to split would she have any rights with regard to division of finances? Thank you
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
The law applies the following 4 steps
Step 1: Determine what the assets are and their value
This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.
Step 2: Determine what contributions you and your spouse made towards the assets.
This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.
Step 3: What are each of your future needs.
Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.
If these things don't balance equally for each spouse, then an adjustment is made in the percentages.
Step 4: Make an order that is just and equitable between both spouses
This applies if they are in australia and what the Australian courts will do.
I hope this makes sense and is of assistance. If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Leon and other Australia Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you Leon, they are not married, would that make things any different?