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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42653
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am after some advice on a divorce settlement. My ex

Customer Question

Customer: Hello, my name is***** am after some advice on a divorce settlement. My ex husband has a Solicitor and I cannot afford one, so I was hoping to pay someone to just answer a couple of questions and I will try and do the rest myself....
JA: Thanks. Can you give me any more details about your issue?
Customer: He wants money basically his Solicitor is asking for all my personal information pay slips, bank statements etc...
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Australia Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: yes. thanks
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Submitted: 12 months ago.
Category: Australia Law
Expert:  Leon replied 12 months ago.

Good Afternoon

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 requires the both parties provide full and frank disclosure in family law property matters

Here is the link form the court

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/about-going-to-court-and-court-processes/if-your-case-is-in-the-family-court-of-australia/duty-of-disclosure

He has to do the same to you provide all his information.

I hope this makes sense?

Customer: replied 12 months ago.
There is a lot of time and money involved in me getting copies of bank statements / loan documents and so on.... and I don't think what I earn now should be any of his business...I also don't believe he is entitled to anything, if anything he owes me money... so why should I have to go to all this time and effort?? He is claiming money from me owed to his parents, but this loan I'm 100% sure was paid out in full by the life insurance company when his Mum passed away. If the loan is settled, by someone else, surely he can't ask me for it, and why can't he provide evidence of that first? Why do I have to provide all my stuff up front when I wasn't the instigator? Can I just tell his solicitor that I want his evidence first??
Expert:  Leon replied 12 months ago.

Good Afternoon

It all has to do with a property settlement.

The court wants to know what you current financial position is

You both have to go through this process.

Anything you dispute you say you dispute.

This will all have to be in your Affidavit that will go to the court.

It appears this is a contested one and the Affidavits that are filed will have a detailed history by each of you, setting out what you each contributed and what you both did during the marriage.

The law will apply the following steps in making the decision.

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 respond to him and ask for his information as well and advise you are in the process of putting yours together.

I hope this makes sense?

Expert:  Leon replied 11 months ago.

Good Afternoon

Do you still need assistance?