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Ted and Sue Family Law Case Study |
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When Ted and Sue were thinking about separation after ten years of marriage there were a lot of Family Law issues to think about.
When they got married Ted had an inheritance from his grandfather which he spent on purchasing and furnishing their first home. He was a builder and had spent many hours improving the marital property. The couple had two school aged children. Sue was a teacher and taught part time since she had the children. Apart from the house they owned an investment property. They had two vehicles. The one Ted used was a brand new ute. Sue drove an old Corolla. Both Sue and Ted had superannuation. Ted had a lot more super than Sue. There were also some shares jointly owned and Ted’s life insurance. Sue had some long service leave.
Ted knew he needed Family Law advice but he didn't want to end up in the Family Court. The situation with Sue had become intolerable but he didn’t want to move out because he had put so much into the house and refused to let Sue have it or see it sold. He was worried that if something didn’t give there would be a huge fight and he feared he might really ‘lose it’ with Sue. Also Ted was worried that Sue would not let him see the children. He wanted to know about a father's rights in relation to both the children and property. The family lawyer helped Ted to understand that he wouldn’t lose the house simply because he moved out. In fact it was more important to ensure that the situation with Sue did not blow up – especially in front of the children. Ted did move out and came to an arrangement with Sue about when he would have the children. In time the property issues were sorted out by way of Consent Orders in the Family Court. Sue ended up getting a split of Ted’s Super. Ted kept the house.
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