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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42666
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have been with my partner -6 years - we have

Customer Question

Hello, I have been with my partner for 5-6 years - we have not had sex because he has put on a load of weight, I really do not care 'bout that Because of the fact he NEEDS to SLEEP, Though, he leads a Very load Heavy "Time" taking up all of every Day/Night, when he is not at Work, he MUST SLEEP/------ Now we BOTH MOVED & all is NOT WELL/ my Partner says the pay is NOT RIGHT/ the Hours are NOT RIGHT/ He is being Taken-for-granted......
I (I do not want to say, though 'he' phone's his "mate" (who is supposed to be a School Tutor. & all this 'mate Tutor, is saying "Get"HER OUTTA YA HOUSE, THEN WE CAN SPEND
WEEK-END'S TOGETHER FISHING & GOING & DRINKING./ "o need to get away"
Okay, so that is just about a tiny wee focal ideal that you have, that I have gave to you......
1. I paid for every-thing that stand's Move's in that home.................ALL FURNITURE, FITTINGS, BLINDS/ Fixture's,/Stand's/ Every Cabnet/$6000 of bedroom sheets/pillow's
cleaning/ (lamps $2000) Fence ($9000), paint $3000/ Work $10.000.
2. To be honest I actually cannot go on.................
3.This other woman/and 'folk' that are envolved have 'egged/key-scratched my Audi car,
and has now put a DVO order on myself. I am going for Occupational Vocal Hazard/ ( let me Explain...... this "WOMAN" has a 'focus on 'my partner' ------ she calls her-self "his Wifey 2" - she had/has photo's of him with candles burning for him. encensence, oil, and when he had to leave she "INSISTED" THAT She Could NOT GO On UNLESS he(my partner) hugged/embraced her???? I saw it (I was un-easy)
***What Do i Do Half this Home is Mine/ i Paid for all and Every-thing that it is Made Up ON....... "Leanne Keen" has been told THAT 'Darren' does NOT want any-thing***
so I can-not go on 'Please' tell me your advice PLEASE????
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning, My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.The law applies the following steps in property matters, in your situation it is not a long relationship and what you have contributed will play a large role in the split. The steps are:1. Consideration of whether a property settlement is necessaryThe first important consideration for the Court is to determine whether or not it is actually necessary to proceed with a property settlement.In the vast majority of cases, the Court will decide that it is just and equitable for there to be a property settlement or a change in the ownership of a property. However, in some cases, the Court will decide that each party should simply keep what they presently own.This may be because:the parties have decided to keep their financial affairs and arrangements totally separate throughout the relationship;the relationship was of a very short duration; orthe parties separated many years ago and have organised their affairs on the basis of an informal agreement since that time.2. Identify and value the assets and liabilitiesThis involves compiling a list of all assets and liabilities (including superannuation) that are in the individual and/or joint names of you and your former spouse/partner, and attributing a value to them.Values can be approximate or may be determined by way of a formal valuation, as they should be as accurate as possible. The result should be a table of assets and liabilities which your solicitors will use to determine the value of the total asset pool to be divided. It is also standard practice to establish what the asset pool was when you first started living together (which may have occurred prior to marriage) to work out any increase in asset values and to establish what each party brought into the relationship (referred to as initial contributions). 3. Assess contributionsOnce an asset pool has been established, your solicitor will ask questions about each party’s contributions to the asset pool.Contributions can be:financial (such as by way of income, mortgage payments or inheritances);non-financial (such as labour to undertake renovations); orby way of being a homemaker and parent.Contributions are usually calculated as a notional percentage, such as 50/50 or 60/40.4. Assess “future needs”Once contributions have been assessed, your solicitors (or the court) will consider what are referred to as the “future needs” of both parties. These include:the age and health of the parties;the earning capacity of the parties;whether one party will have the care of young children;the duration of the marriage or relationship; andany other relevant consideration. The assessment of future needs will impact the notional percentage reached in Step 2, so that the percentage split of the asset pool may increase or decrease in favour of one or other of the parties to take into account any relevant future needs factors.5. Is the division of assets just and equitable?Taking each of the previous steps into account, your solicitors, or the court, will then consider whether the final division of assets as proposed by the parties is just and equitable in all of the circumstances. This may involve assessing the practical effect of any proposed division of the asset pool. It is form the following link http://www.landers.com.au/publications/family-and-relationship-law/property-and-financial-settlements-following-separation-or-divorce/If he wants nothing and is happy to give everything to you then he should sign consent orders and they be filed in the court and give you everything. Any money he has thrown away will be used against him in court. But you will need to see a solicitor that practices in family law to give you more detailed advise. They will need to know more than what you have given me. But generally you are entitled to a share based on what you have contributed. I hope this makes sense and is of assistance. If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon
Expert:  Leon replied 1 year ago.
Good Afternoon,
I am following up my last post and I hope it was of assistance.
I am only paid if you rate my work. As such I wish to thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Expert:  Leon replied 1 year ago.
Good Morning
I am following up my last post and I hope it was of assistance.
I am only paid if you rate my work. As such I wish to thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon

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