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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42664
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Is there a 'fair' amount one partner in a separation dispute

Customer Question

Is there a 'fair' amount one partner in a separation dispute can put into his or her own private account from their salary and not into a joint account?
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.

It is not a simple question as there is no simple formula.

The law applies the following 4 steps in all property splits.

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 Husband 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

All assets owned individually and jointly are included in this.

You cannot isolate them.

So to give you a figure is not a simple matter.

The income earned is not split but if one parter is dependent on the other they can apply for spousal maintenance.

The court will calculate this as follows

http://www.diyfamilylawaustralia.com/Topic/spousal_maintenance_how_calculated.html

I hope this makes sense?

Customer: replied 1 year ago.
The advice was clear , but the same as the answer you gave to someone else's question. That is ok as i was looking for a legal type answer. however am not certain this was worth the fee of $98 as you had already found the info for a previous question. Also who gets the monies paid - presume you , Leon, only receive a percentage of this. Transparency please!!!
Expert:  Leon replied 1 year ago.

The answers are the same because this is what the law says.

It is not form a previous question. I have drafted the steps and I not only used them here I also provide them to my clients in person.

This is how the Act is interpreted.

The money you offer some goes to me and the balance to the site.

Most solicitor in a consultation charge $450.00 per hour to go through all this with you.

If the marriage is more than 10 years it would be deemed a medium to long term marriage. This means the starting point is 50/50 of all assets and then based on need etc it changes.

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