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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42663
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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If a property was bought in my name before marriage. the

Customer Question

If a property was bought in my name before marriage. the titles is under my own name can my separated wife claim an injunction to me and freeze my bank accounts?
Submitted: 4 months ago.
Category: Australia Law
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Leon replied 4 months 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.

Under the family law act she can.

If the marriage is a short marriage under 5 years then her claim would be minimal because the court would mainly look at contributions.

Longer mariages of over 10 years then the law would give her a share.

The following 4 steps are applied.

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

So if there is a dispute you have no alternative but to have the matter dealt with in the family court or the federal circuit court.

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.

Please do not forget to leave positive feedback.

Regards

Leon

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