A separation lawyer has the expertise to assist you in property proceedings. In a property proceeding, the Court will concern itself with the task of determining the parties’ contributions to the relationship. Whilst each matter is assessed on a case by case basis, the Court will consider both financial and non-financial contributions.
In determining contributions, your separation lawyer may consider your role as a ‘step parent’. The prevalence of blended families in today’s society is not uncommon. So the question then arises as to how the division of assets is affected when one spouse makes contributions to non-biological children. The case of Robb v Robb affords the Court guidance in these cases (i.e., if contributions made by one party to a non-biological child can be considered).
The Facts:
Property proceedings between a husband and wife were afoot. The wife had two children from a previous marriage whom both lived with the parties during their marriage. The original decision granted the Husband an adjustment in his favour for both financial and non-financial contributions made to his wife’s daughters. This was held under s 75(2)(O) of the Family Law Act 1975 which allows the Court to consider ‘any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account.’
The Decision:
On appeal, the wife was unsuccessful in claiming that the Court did not give adequate weight to the financial and non-financial contributions that she had made to her children. The Court reasoned that ‘the wife had a legal duty to maintain the children’ whereas the husband merely acting ‘as a volunteer assisting the wife in the discharge of her obligations’.
This decision has allowed the following principle to develop. That is, if a spouse or partner in a de facto relationship provides for expenses such as school fees in relation to non-biological children, such contributions can be a considered in the division of the asset pool.
A separation lawyer is obligated to assist your property settlement in the most efficient and cost-effective manner. This does not necessarily guarantee that property proceedings cannot be long and complex. If you do find yourself in a difficult position that requires the expertise of a legal practitioner it is highly recommended that you seek legal advice.
