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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I am seeking information about divorce settlement. My

Customer Question

I am seeking information about divorce settlement. My husband has refused to purchase any property during our 27 year marriage, we have a daughter living with us on the disability pension and I wish to leave my husband. We have no assets as he has consistently
spent his money on himself whilst I have nothing other than some second hand furniture and if I leave, my daughter and I will have no options. My husband earns an extremely large amount of money whilst I was made redundant earlier this year and am now caring
for my daughter and his 86 year old father (and this has been the final straw with no support from my husbands' family or him).
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

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.

If you have only just separated then you can apply for spousal maintenance for him to support you as his spouse.

Here is some information.

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

If you daughter is a minor, under 18 you can apply for child support.

Here is some information about that

http://www.humanservices.gov.au/customer/themes/child-support-and-separated-parents

In relation to assets is your redundancy the only asset you both have?

Customer: replied 1 year ago.
Hi Leon, my husband has a considerable amount of superannuation and cash assets however I have never been advised of the amount and he has threatened that he will ensure that I get nothing.
Expert:  Leon replied 1 year ago.

All of that is taken into account and the law applies the following steps

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

He cannot do that

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