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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44894
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Can I keep furniture and belongings I owned prior to my

Customer Question

can I keep furniture and belongings I owned prior to my marriage and I am not interested in keeping any joint purchases after marriage
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.

Good Morning

My 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.

It is a short marriage an the law will give you back what you have contributed including your furniture.

If there is not agreement you may have to consider going to court.

The law applies the following 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 would look at how to divide the assets to achieve the percentage division arrived at after the first three steps. Such as is the house sold, or retained by one spouse who pays the other out, does there need to be a superannuation splitting order, etc

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

Expert:  Leon replied 2 years ago.

Good Afternoon

I am just following up my last post. Do you still need assistance?