My son been married less than 2 years with son also daughter from previous relationship. Built a house and used his

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Customer: My son been married less than 2 years with young son also daughter from previous relationship. Built a house and used his super for deposit and fees etc for loan. Loan apparently in both names, club sport in his name, she has her super etc. she being adulterous in many occasions and in relationship with an ex boyfriend now.
JA: What steps have they taken? Have they filed any papers in family court?
Customer: divorce eminent but she wants everything and her parents are pushing him into signing everything over to her. No papers yet, but she been in and family court told her it’s 70/30 split in her da our. Now I know that can’t be right as he has 2 children living in that house at least 3 days a fortnight and she only has 1
JA: Family law varies by state. What state are they in?
Customer: Tasmania
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He left his first long term relationship of which started here in Perth WA and moved into Tasmania for his partners mothers ill health. Continued to work and live there and made it his home. Met his now wife at work whom seduced him etc you know how these things go. One thing led to another, she got pregnant. They started living together abs building the home in question on his money etc. got married just after the baby was born and now divorcing because of her infidelity

Answered by John Melis in 5 mins 1 year ago

John Melis

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John Melis, Expert

Hello, I’m John Melis, a solicitor in Australia, and I’ll be helping you with your question today.

Parenting can be resolved amicably without court proceedings through mediation.

The Family Relationship Centre is an excellent option.

The Court assumes equal responsibility for the care and provision of children. However, various factors will influence this assumption. Factors include the child's current care arrangements, finances, drug use, moral issues, and criminal behaviour.

Parents can agree between themselves about their children's care post-separation without involving any court process. This agreement is a "parenting plan". Parents are free to alter the terms of the parenting plans whenever they wish.

Alternatively, the parents can file proceedings in the Family Court to resolve the parenting matters.

The Family Law Act 1975 encourages parties to settle family disputes and use litigation in the court system only as a last resort.

Does this help with your question today?

Customer

Not much... they originally decided that she would take His clubsoort worth in excess of 40k and the house would be refinanced to him and drawing off that another 40k in effect gi ing her 80k. He would pay sufficiently for his son in child support more than required. He would be left with the house and a rather large mortgage. Giving him and both his children a stable home, of which they both already have rooms of their own in; to stay safe and secure in with little disruption to the normalities they are accustomed to.
Now her parents are encouraging her to go fir the house as well.
My son is ADHD and he doesn’t handle this kind of conflict very well. This was very apparent in his teen years when myself and his father divorced back in 2003. He ‘looses his Shit’ so to speak. He goes into melt down. Unfortunately these people know how to push his buttons, and I’m afraid for him and his future if he doesn’t get the right ad ice and help. I’m disabled myself and mostly bed ridden, live in Perth WA, where as he is In Tasmania and I’m unable to be there to support him. Can you advise me with your best advice in this circumstance of what to advise him thanks

John Melis, Expert

Your Son's financial separation comes under the Family Law Act 1975.The financial separation involves four steps: valuing the asset pool, determining your contributions, and assessing your present and future needs.On the Family Court website, you can download the balance sheet to complete the asset pool list.You may be entitled to 70% of the entire asset pool.When you agree on the asset pool division, the agreement used is a binding financial agreement or a consent order.Once you have agreed on the split with your former partner, you can complete the Application for Consent. You can download that document from the forms section of the court's website.When you have completed the documents, you can lodge them through the court's website.Alternatively, your local lawyer will help you draft the documents.Does this help with your question today?

Customer

Can any sort of order be issued in pursuant of interference from her family and friends from involving themselves to the extent of bullying my son into doing, or signing anything over to his estranged wife against his best interests etc? He is all alone in Tasmania with no other support

John Melis, Expert

You son may apply for a restraining order.Restraining orders apply to various matters; such as violence, psychological abuse, financial abuse, verbal abuse, or an imminent fear of violence, or where children hear or witness the same.The restraining order may:a. Prohibit a person committing violence against another person.b. Exclude a person from the victim’s residence.c. Restrict a person’s access to any premises or specified are, such as the workplace.d. Prohibit a person from contacting another person associated with the victim.e. Require a person to do something, like attend counselling.f. Direct person to use a specific property.g. To stop stalking, intimidation or harassing conduct.If you need a restraining order, you may attend your local police station, and they will determine if an order will be issued.You may make an application at the local Court for a restraining order where the police do not issue one.Does this help with your question today?

Customer

Thank you I’ll inform him of everything we’ve spoke about today. If I need further directions I will contact you again through this avenue. Donna

John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me.

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