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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43912
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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We have been married for "only" about 11 months but we both

Customer Question

We have been married for "only" about 11 months but we both need to part ways. We,ve been together 4yrs .
Ill need to sell my house in order to move closer as we have pets that i consider to be my family. The move is about 2 hours from my home on the Gold coast. QLD
I,ve asked if he, d pay off the house over 10 yrs + and i,d put in $250,000 . His trust is worth 18 million and gets about $8,000 a week. The house is worth $690k He said i,d have to fiance everything myself. He is not going to help with anything.
I,ve always brought my own cars , paid my own bill,s. He gives me $500 a week as i cant work where we live.
His ex girlfriend received 3 million . They had a 16 yr relationship although she had numerous affairs and finally went to live with the last man she was seeing for 2 years prior to their split.
Am i entitled to anything due to our short official marriage? I,d love to keep my home i,ve had for 20 years as i need to visit friends and family here and don't really want to share with anyone. But i cant be away from our pets either. We have not had kids so i really do consider them family.
He said he cant afford to give me anything as he,s planning to buy a 60ft cat and go sailing plus a large shed he,s renting now. His payments to the ex come to an end in 18 months.
We are in our mid 50,s...
Kind regards *****
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 relationship is a short term relationship.

The relationship is 5 years not the 11 months but the courts will look mainly at contributions

They 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

You may be eligible for some spousal maintenance for a short time as well but you have to see a solicitor and give full details of all contributions and need and get more detailed advise.

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.

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