Hi, Im about to get divorced from my husband. We have been…

Hello

In short, no he cannot fall back on an amount of $60,000.00 from a gift his parents gave you two all those years ago.

The matrimonial pool will be inclusive of the superannuation and you are entitled to a portion of it.

Relying on an amount that both of you obviously benefited from is not going to stand up in a property dispute.

For your information; there is a need to look at some issues in relation to the marriage.

Such issues are:

- The contributions made to re repayments of the home

- The other financial contributions made ie bills, food etc

- If there is any other assets inclusive of the marriage - superannuation, business interests, shares, items brought into the marriage etc etc

In short, it is difficult to state that a 50/50 split will be a suitable split, but rather the split will should more or less mirror the contributions made by each party.

In relation to the process, it is usual for you both to try and settle the matter and draft up an order in which you can file with the court. Such an agreement can be done without a court hearing. In any event, it states in the law that you must first undertake mediation before going to court and having the matter heard.

In relation to anything that happens post separation without a property settlement is also an issue that the courts take into account.

My advice would be to try to initiate negotiations with your spouse in an attempt to resolve the matter. The quicker the its resolved the better.

For a basic and crude example: Should you relieve $5000 from someone today, on the basis that you have not yet done a property settlement - he is entitled to a portion of that. This is subject to your ongoing super also.