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Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.
You cannot if it is for the purposes of a property settlement under the Family Court Act.
If You Have Concerns You Can See a court order that the property not be sold or if it is sold that the proceeds are held in trust pending the property settlement.
Just to inform you, it is a long marriage and irrespective of what he came into their relationship with, everything will be part of the asset pool and split.
In property settlements the court and the law applied the following 4 steps in determining what split should be.
Step 1: Determine what the assets are and their value
This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.
Step 2: Determine what contributions you and your spouse made towards the assets.
This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.
Step 3: What are each of your future needs.
Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.
If these things don't balance equally for each spouse, then an adjustment is made in the percentages.
Step 4: Make an order that is just and equitable between both spouses
thankyou there are no children and i am 60 years old and he is 58 i am currently claiming a widows pension and he is earning 200 thousand a year in working and rental income
what should i do as far as time frame to get a divorce and settlement underway
Yes please and I didn't know about spousal maintenance and how does that work
How many months before applying for divorce?
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