In Australia and following the irretrievable breakdown of 2 persons’ relationship, it becomes necessary for them to consider how the Australia family law regime would affect their rights in other areas, especially in their rights in their respective properties (as well as divorce if they are married).

The presence of children would, in all circumstances, affect how property settlement is conducted by the Australian family law regime. In summary, the law would try to give more to the party who is the primary care-giver of the child(ren) to offset the financial burden brought about by the primary care of the child(ren).

What proportion of property?

In such circumstances, the law would consider a series of factors such as:

-health or other issues suffered by the children

-the extent of the financial burden that is brought about by the care of the children

-if such burden would be elevated by child support payments

-the extent of involvement and financial support provided by the other parent

in serious and compelling circumstances, the law may allow adjustment to the property division going up to 25%.

Child support payment

Alternatively,  the primary carer of the child may also be entitled to child support payment by the other parent.

However, child support is provided by CentreLink and its amount is calculated in accordance with the tax return of the paying parent. Further, the actual figure to be paid is rarely sufficient to meet the expenses of the child(ren). In our experience, the expenses of the child(ren) is better off dealt with during property settlement.

in serious and compelling circumstances, the law may allow adjustment to the property division going up to 25%