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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 found out yesterday that my husband of 15 years is

Customer Question

Hi, I found out yesterday that my husband of 15 years is cheating and looking at what to do and what decisions I make before I confront him with my proof.any suggestions thanks Sue
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.

I am sorry to hear about this and I can imagine how you are feeling.

Are you asking about separation and divorce? The cheating will not be taken into consideration for any settlement of property or to get the divorce.

Do you want to know about counselling?

Customer: replied 1 year ago.
Thinking seperation at the moment,I threw a hypothetical question to him about separating and he said that myself and our daughter will keep the house and he would move out and take all his stuff with him, so just trying to work out how to handle the situation as he suffers from anxiety and depression and when I confront him he will react very badly, so for my safety and my daughters I'm have to be careful,
No don't need to know about counseling, thanks
Expert:  Leon replied 1 year ago.

Good Morning

It is a long marriage and the law starts at 50/50 of all property.

The law will apply the following 4 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

If your daughter is under the age of 18 and you are not working then you would get a greater share.

Expert:  Leon replied 1 year ago.

Good Morning

I am just following up my last post.

Are you still in need of assistance?