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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43698
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Im separated with my husband for a year now and considering

Customer Question

Hello. Im separated with my husband for a year now and considering to apply for a divorce and separation of assets. We were married 3 full years prior to our separation. He is self employed and Im working part time. I have not children with him but I have a son of my own who is 12 y old and he lives with me 365 days a year. I would like to know how to apply and I would like to get Legal aid to represent me please. Regards Veronika
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Im in Qld.
JA: Has anything been filed or reported?
Customer: Just to Centrelink.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My ex lives in Mackay and I live now in Townsville
Submitted: 5 months ago.
Category: Australia Law
Expert:  Leon replied 5 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 5 months ago.

Good Evening.

It is not a long relationship and the law will look mainly at contributions to the assets.

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

You will not be granted legal aid for a property split as they do not and them.

You may be able to apply for spousal maintenance for support

http://www.diyfamilylawaustralia.com/Topic/spousal_maintenance_how_calculated.html

But the property split based on it being a short relationship, you will not get more than you contributed.

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