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MummyFreckle 
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Joined: 08 February 2007
Location: Auckland
Points: 4120
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 Topic: De facto split - rights?
Posted: 16 June 2010 at 1:22pm |
Has anyone been through a defacto split up with a child involved? Someone close to me is on the verge of splitting with their partner and is prob going to have to move out of the family home, leaving behind the 5yr old. He has been a SAHD since the baby was born, and hasnt worked, so hasnt "financially" contributed to the relationship. If he leaves is he entiltled to anything? How do they sort out joint custody without involving lawyers - he has zero money and wouldnt be able to afford a lawyer.
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mummy_becks
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Joined: 01 January 1900
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Posted: 16 June 2010 at 1:24pm |
Legal Aid, and yes he would get stuff because of the propety relationship act which comes in after 2 years of being together.
Ring CAB they will know.
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I was a puree feeder, forward facing, cot sleeping, pram pushing kind of Mum... and my kids survived!
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caliandjack
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Joined: 10 March 2007
Location: West Auckland
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Posted: 16 June 2010 at 1:33pm |
Depends on how long they've been together, if more than 2 years then he's entitled to half the relationship assets.
It would be the same for a SAHM whose split.
He'll be entitled to legal Aid, why is he leaving the child?
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MummyFreckle
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Posted: 16 June 2010 at 1:48pm |
Because she owns the house, and the little one goes to school within walking distance. He doesnt drive so is limited in his options if he moves out. They have been together 6 years, but he has never worked so is worried that he isnt entitled to anything.
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ChrisW
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Posted: 16 June 2010 at 2:22pm |
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After 3 years generally its 50/50 even if she owns the house but there are exceptions to the rule including how the house is owned ie does she own it in her name or does a family trust own it and if a family trust owns it how long has it been in the trust, and has she any other assets etc
he should go to a lawyer before he leaves if possible - if he does a ring around some lawyers and I say some (I used to and I know of others in my area), offer an initial 15 minute consultation for free and he could also discuss legal aid at this time.
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jaz
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Posted: 16 June 2010 at 7:58pm |
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It's a lot more complicated if they contracted out of the matrimonial property act or she has put the house in trust. He may be entitled to nothing. I have known people in this situation and they have agreed that the homeowner will give the other person a monetary amount to go towards a deposit on their own home. It all depends on what he contributed in the time they were together though. The matrimonial property act basically says if you live together for three years the matrimonial home is 50/50 but the courts have the power to overide this if the parties contribution is not equal.
Regarding custody and access they can try to sort it out themselves, and if they feel the need have it signed off by the courts as a parenting agreement. If they can't agree then there is counselling and mediation available through the courts. He should take a look at the Family Courts website first for information on matrimonial property and parenting agreements. There is a lot of information around.
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De facto split - rights?
