Every family living situation is different, and in one such situation, we acted for a client who was financially dependent on their partner throughout their marriage. Anna was a stay at home mum of two, while her partner worked, and at the time of separation, her partner left their matrimonial home to move in with their new spouse, leaving Anna to care for their 2 children alone.
Following the separation, Anna’s ex-partner failed to adequately support her and the children, leaving Anna in a tough predicament, as not only had to raise the children alone, but she didn’t have the immediate skills required to return to work.
The team at One Law was able to achieve a favourable property settlement for Anna without having to go to Court and by arranging a mediation at our office. We argued her the ex-partner had a duty under the Family Law Act to financially maintain our client and the children as Anna did not have the same earning capacity as her ex-partner.
As she left to bear the costs of raising the children, which included one child who had an illness, we needed to ensure she could also afford whatever was necessary for that child’s needs.
We successfully negotiated a win for Anna, whereby she received 67% of the proceeds once the home was sold. Our team was able to prepare the mediation well, and achieved an excellent result for our client while saving court costs by reaching a resolution quickly.
If your family living situation has changed, it’s best to seek legal advice from the team at One Law, who can guide you through your legal rights and entitlements.
