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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Madam. Four years ago on the death of my younger son I

Customer Question

Dear sir/ madam .
Four years ago on the death of my younger son I started to drink and gamble not to excess.but my wife of forty years asked me to leave.
I did so going to a property owned by our self mangered super fund but did not get legal advice only to sign the final papers on split of assets some 70/30 in her favour .
Our main money I must admit came from in inheritance but but half was lost in the crash of 1999.on poor advice from Dixons
Any way we after awhile continued to see each other even going to England and staying for several days and semi normal married life was carried on.
Then in SEPT 2015 a cousin died leaving her some $two million five hundred thousand dollars .
From then on or before if I could have seen the writing on the wall.
It was all you do this and that spent many hundreds of hours clearing the property left to get into some kind of order.
The final blow was minor asking to me to pay $20.00 for my lunch after one these days.
The only problem is that I became executor of this will .
Which I say I have done beyond my duties even with legal advice to transfer $265000.00 and title before legal requirements worth at least over TWO MILLION FOR DEVELOPMENT .
i at this moment will get zitch.
IF I take the next step to divoice the marriage after forty seven years would it be worth the effort.
Gordon stebbing
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

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.

You cannot make any claim against the inheritance she received after you separated.

You say you signed papers? Was that for a property settlement?

Customer: replied 1 year ago.
She the main house worth $900000.to 10000000.00 and shares and cash to value of around $300000.00 to $350000.00
I got the villa worth $350000.00 in our super fund purchased the year before for $220000.00 but we spent some $50000.00
doing up and $110000.00 less a personal bebt of $30000.00
I just thought I would test the waters since we resumed some sort of relateship before the final inheritance of some three million
She probably knew your answer well before me.
That is the reason no contact no offer just do your job as executor.
So in closing I thank you for your advise.
But we both know I have been dud it .Gordon.
Expert:  Leon replied 1 year ago.

Good Afternoon

How long have you been together and when you say you started to drink and gamble how much would you have lost?

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 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

Customer: replied 1 year ago.
Okay Will phone you some time next week.
Gordon
Customer: replied 1 year ago.
what else
Expert:  Leon replied 1 year ago.

That works

Talk next week

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