Got an Answer?
They need to see lawyers. I worked in a law firm for a bit and one of the solicitors had a jane type person who wanted 100% of the property pool. Her ex was offering her 70/30 in favour of her to keep it out of court because that will be incredibly time consuming and costly for him as he was working in a different country. Lawyer told her she should take it because shed be lucky to be awarded 50% in court. She wasnt having a bar of it, reckoned she wanted 100% and wouldn't take any deals less and let court decide. The lawyer made her sign a form that had expected time frame of the court process as well as the expected legal costs to do so and said it was going against their professional advice (to protect themselves). No idea what happened after cause i quit but i remember she signed the form.
Some people get very greedy when it comes to separation. Tom needs to sit down and work out exactly what half their assets is worth, and he will have to include the value of shares in the business as part of that. It is treated as joint assets unless they have a pre-nup identifying the shares as separate property.
But I can tell you from experience that a pre-nup is not always watertight, however well it is written. Especially if the court views it as unconscionable (as has happened with some wealthy white men and their imported Asian wives).
Also, even if its an estimate, he needs to write down the value of what he put in to the house; money and building work time.
Then get legal advice, but be aware that lawyers fees will eat up a chunk of it if they have a legal fight over it.
The law says they are entitled to 50/50 of all assets. She may get more temporarily if the kids are still all living at home, which would tie up some of his money.
But he really needs legal advice in my opinion. At least to know where he stands.
If Jane takes Tom to court she'll get at least 50% of everything, including Tom's superannuation. Tom need to figure out if in the long run that's more or less than Janes demands but he still needs to see a lawyer asap.