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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42659
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am going to mediation for a defacto relationship tomorrow

Customer Question

i am going to mediation for a defacto relationship tomorrow he wants two hundred thousand from me if i offer him fifty thousand is the case than closed or can he take me to court and get more money from me after which i have all the evidence he is lying about everthing
JA: What state is this in? And can you tell me a little more about the charge?
Customer: I am in nsw this is a defacto relationship he walks in with nothing i had a house with a small morgage he put nothing into it and he lived with me for one year and a half but seeinging each other off and on over 12 years . He is lying about so much he gave me nothing I have paper work going back 13 years that i paid all house hold bills morgage food and i worked he gave me nothing he is lying about the whole situtuation .I also have bank statements and bills and more going back 13 years
JA: Has anything been filed or reported?
Customer: what do you mean filed or reported he has gone to the high courts to do this to me
JA: Anything else you want the lawyer to know before I connect you?
Customer: He does not deserve anything when he left my place I was left with so much dedt from him I had to sell my house to pay for everthing he had no money at all he was not working when he mved in for only 1 year and a half but we started seing each other off and on since 2003 he moved in easter 2013 moves out in november 2014 and leaves me with a huge mess this is why i sold my house to pay for everthing and I have proof of everthing he said he paid for so many things around my house but he didnt it was a new house when i meet him i have receipts of plants soil grass everthing when I built my house in 2003 and it was finished when I meet him in the beging of 2004
JA: Well, we require $5.
Customer: ok how do i pay you $5
JA: When we are ready I'll take you to the appropriate web page.
Customer: ok fine
Submitted: 1 month ago.
Category: Australia Law
Expert:  Leon replied 1 month 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 I am very limited on what I can tell you and that you may have to get more detailed advice.

Until there are court orders signed by both of you if they are by agreement ir made by the court the case is not closed.

In all property matters 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

It is up to you to get together evidence that is contrary to your ex's and then the court will have to decide.

If you reach an agreement you have to make sure that it is filed in court and you get a court order to end it.

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