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Hi. I'm really confused where...
Hi. I'm really confused where to start and if I should bother trying. My ex and a I split up a month ago. I cheated on him so would I be entitled to anything? We have a 5 yr old daughter and he's taking care of her because he doesn't work and my odd working hours means I can't see her much. We've been defacto for 9 years and all I want is half of the money from the sale of the second house. Would I be asking too much?
Submitted: 3 years ago.Category: Australia Law
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Answered in 14 minutes by:
6/27/2015
Solicitor: Leon, Solicitor replied 3 years ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,903
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Good AfternoonMy 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 this is not legal advise Please understand this is not legal advise but a guide to assist you.The cheating has nothing to do with your entitlements. You have been in a medium to long term relationship and you have a right to a share of 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 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 spousesThe law applies the same to married and defacto couples. In WA you are not entitled to his superannuation though. You are also entitled to apply for child support and if he earns more than you and you are dependent you can apply for your own spousal support. Your cheating on him is irrelevant to any of the above. 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. RegardsLeon
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Solicitor: Leon, Solicitor replied 3 years ago
Good Evening
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
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.
I look forward to hearing from you.
Regards
Leon
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