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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43739
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have a relationship matter that I need some help with,

Customer Question

Hello. I have a relationship matter that I need some help with
JA: What state are you in? It matters because laws vary by location.
Customer: Victoria, Australia
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I dont think so. its regarding a relationship break up and the associated monies/finances
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.

What is your question?

Customer: replied 5 months ago.
Hello Leon. Thank you for helping me.This is complicated but I have debts that I incurred whilst in a relationship that I need resolved.
I dated "Paul" for approx 2 years here in Australia - we lived together for 1/2 that time. He finished off his university degree and then struggled to find a job - I supported him by paying his rent and groceries and other bills. I worked full time as a locum veterinarian. We started to struggle financially and so I took out a personal loan through the bank ($15,000) to help pay off my credit card debt (I know, silly silly).
A short time later - Paul had a job for 2-3 months - we decided to move overseas to England. A friend lent us money ($10,000) to help us. This was lent to both of us. I had a job lined up overseas and started work almost straight away. Paul did not - took him 1-2 months to find work, which was then minimum wage.Anywho - 2 months into our trip he had a mental breakdown, got admitted to a psych ward and then received mental help for a few months. He broke up with me, but then continued to live in my unit rent free for 4 months (I felt responsible for him).
After not being able to cope emotionally anymore I moved back home to Australia.
He verbally acknowledged that he owed me at least half of the borrowed monies.Now he is verbally aggressive and verbally abusive to me and denies having any responsibility to the above money. He had no credit rating and so all debts where placed into my bank account under my name.
He now refuses to pay me for any of it.Do I have any leg to stand on?
Expert:  Leon replied 5 months ago.

Good Afternoon

Your debts remain yours and his remain his you cannot pass them on.

So you were together a total of how long?

Customer: replied 5 months ago.
2.5 years. Isn't there laws when in a relationship of debts incurred if related to both of us?
Expert:  Leon replied 5 months ago.

You have just passed the 2 years required to show you are in a defacto relationship.

The law though is mainly going to look at what you have each contributed financially. This means what you had at the begging and what you each paid from the date you started seeing each other towards the building of assets.

It will not go any further than that.

In all matters it will apply the following 4 steps but in your case there would not be much to show non financial contributions or home maker adjustments.

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

If your debts are incurred to help him and pay his debts you can claim them otherwise there is very little that can be done.

You have to show you have incurred the debts and he benefitted from them if you are to get anything.

It would be best to have mediation as court would cost you far too much being a short relationship

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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