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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44867
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Relating to the same matter, I am in the process and from

Customer Question

Hi. Relating to the same matter, I am in the process and from the bank statements given by my husband, he has transfered monies from Australia to Sri Lanka and holds 3 accounts - one inGDP, one in ruppees & one in Australian dollars. He has given monies
to his siblings after I spoke to him of the propetry settlement. The statements are late 2014 to 2015. The accounts would have been opened much earlier. 1. Is he allowed to give away monies ? He has not supported me in the past 10years or more. If he cannot
do so, how does it affect the settlement process? 2. He is not providing with his Superannuation history . He has just provided the June 2015 balance. We have repeatedly asked him for these history. Can he not provide it Please let me know if I need to pay
again. I believe I do not need to do so. Thank you Anushia
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

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.

He can do what he wants but in the property settlement you can seek to have that money included in the pool and deducted from his share as he has given it away.

If he has not made financial contributions you would show you made them and seek you get a greater share.

He has to disclose everything and if you know his fund you can seek they produce under subpoena the amounts if you ave started proceedings.

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 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

I hope this makes sense and is of assistance. If there is nothing further

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