In Australian Family Law, having the children living with you can influence the outcome of a property settlement, but it’s not the only factor considered. The court takes a holistic approach to ensure a fair and equitable distribution of assets. Here are some key considerations:
Factors Considered by the Court:
- Best Interests of the Child: The primary consideration is always the best interests of the child. This includes their physical, emotional, and educational needs and from a financial standpoint, if the children have particular needs then evidence should be obtained about just what that financial implication that will have. While Child Support paid may be taken into account, often Child Support is inadequate if a child has special medical and other needs. Sometimes Child Support is not being paid, and a Court can take into account that fact in ordering a component as it is unlikely that the other parent will contribute into the future.
- Parental Contributions: Both financial and non-financial contributions are considered, such as income, homemaking, and caring for the children in a weighing up the total distribution. This may have an “uplift” if there has been family violence which has made those contributions more onerous both during the relationship and even if it is likely that because of family violence the emotional care of the children is likely more onerous after the relationship. These are call Kenon factors deriving from the principles of a case of that name.
- Future Needs: The court assesses the future needs of both parties, including age, health, income, and the ability to earn an income.
- Care and Welfare: The primary caregiver’s role and the impact on the children’s care and welfare are significant factors.
- Duration of the Relationship: The length of the relationship and the extent to which the parties have intermingled their finances and assets. Generally the longer the relationship the less likely the court is to determine specific uneven contributions.
Evidence Needed:
- Financial Records: Bank statements, tax returns, and other financial documents to demonstrate contributions and financial status.
- Living Arrangements: Evidence of the children’s living arrangements, such as school records, medical records, and affidavits from witnesses.
- Parenting Plans: Any existing parenting plans or agreements that outline the care and welfare arrangements for the children.
- Expert Reports: Reports from child psychologists, social workers, occupational therapists or other experts who can provide insights into the children’s best interests.
It’s important to gather comprehensive evidence to support your case and demonstrate how the children’s living arrangements impact your financial situation and future needs. Consulting with a family lawyer with successful experience is essential.
Call us on 1300557819 for a no cost consultation so that we can determine your circumstances and provide some advice as to how we can best assist you in your family law property matter. We have a dedicated team of family law specialists .
