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Hello my name is XXXXX XXXXX I am requesting some information…

Hello my name is XXXXX...

Hello my name is XXXXX XXXXX I am requesting some information regarding keeping a property due to Divorce settlement. Thank you

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Answered in 17 minutes by:

2/25/2014

Solicitor: Leon, Solicitor replied 9 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Good Evening Anne

My name is XXXXX XXXXX I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.

How long have they been married for?

Are you asking about what she will get?

Customer reply replied 9 years ago

Hi Leon, they were married for 17 years. She stands to receive half of her ex- husbands super and I was wondering if she could get some of it paid out now to help her as she would really like to keep the house, as it was hers to start with. What can be done to approach the super fund to get a bit paid out so that she can pay her legal fees and some other outstanding bills that she has accumulated due to her ex stopping payments on a few things.

Solicitor: Leon, Solicitor replied 9 years ago

Good Evening Anne

The law applies 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 spouse 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

His super would be transferred to her fund and she would have to show hardship to have an early release.

The money he left with is also included as an asset he has and the loan is a debt for her.

I hope this makes sense?

Customer reply replied 9 years ago

Hi Leon, sorry had to attend to something in my home. We have a lawyer and he has attended to all of that, that is why I am asking if she can get some of the funds early to pay for his fee, which is now up to around $22000.00 Dollars. If she gets a payout by selling the house she will not get the funds that she for the super until she is 60 years old. Were as if she could access some of the super now she will be able to keep the house for her son mainly as he has obviously been very much affected by this too. She is very close to losing the plot and because she isn't well has not helped much either. So once again can she access some of the super that she will get to pay her legal fees.

Solicitor: Leon, Solicitor replied 9 years ago

Good Evening Anne

She is going to have to ask for an early release if it is super and she can be refused

It would be best of she can get a cash settlement if it is available.

Here is the link for early access

http://www.humanservices.gov.au/customer/services/centrelink/early-release-of-superannuation

I hope this makes sense?

Customer reply replied 9 years ago

Thank you Leon, unfortunately there is no cash available as her ex-husband has managed to spend all the money by bringing his new wife over to Australia from Phuket. Plus he has more debt now than he had before and is trying to get more money out of my girlfriend by making her sell the house and he knows that she will have to do that. He is an accountant and has done his home work very well.

Solicitor: Leon, Solicitor replied 9 years ago

Good Evening Anne

If she is suffering hardship she can get an early release but she has to show that to the department

The link I have sent you is very detailed on when she can apply.

I hope this makes sense?

Customer reply replied 9 years ago

Thank you Leon

You have been most helpful regarding my inquiry. I will let her know and hope that we can convince the lawyer that she will get her money maybe through the super fund.

Have a great evening

Kind regards

Anne.

Solicitor: Leon, Solicitor replied 9 years ago

Good Evening Anne

Good luck with it all.

You are very welcome and 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

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

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