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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46255
Experience:  24 years experience. Admitted in New South Wales and the UK.
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My daughter was born in the UK but has lived in Australia for

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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
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.
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Customer: replied 3 years ago.

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