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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44898
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am currently separated with my husband. I am speaking with

Customer Question

I am currently separated with my husband. I am speaking with him tomorrow regarding dividing property and assets. I have a few questions that I was wondering if you could answer for me:
My husband and I were together for 14 years (since 2001), and married for 6. We have no children. We moved in together after being together for 1 year. He brought in a house asset to the relationship which we sold in 2004. We then bought a house together in 2005. For approximately 9 years, my husband was working full time and I was either working part time and studying, or assisting him with his work (he was a professional athlete who required consistent support.) For 4 years, I was working full time and he was studying and working part time. For 1 year, we were both working full time.
I am looking to find out what is a fair agreement for separating money and assets.
1. I have read that superannuation is sometimes included as property. Would this be the case with ours? (3 out of 4 of the years I worked full time were out of the country, so I did not contribute to super at that time). He has a lot more super than I do.
2. Selling the house. My husband wants to split the money we earn on the house 60-40. I was wondering what a fair split usually is in these situations?
3. I have read that sometimes at first each party takes the money they came into the relationship with before dividing the rest. Would this apply to our case?
Is there any other information you feel I should know about the fair division of property and money before I meet with him tomorrow?
Thank you for your help.
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.

It is Medium to long term marriage and the super would be part of the assets of the relationship.

The law applies the fool win 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

You need to look also at your ages how much you are each earning and how long you have to work and your health.

If contributions through the relationship were about equal then the further needs will be what determines what the split it. If they are the same then your split would be 50/50.

It is not a simple thing to tell you and if you cannot agree you should each speak to your own solicitors and get independent advise and hopefully reach an agreement.

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.



Customer: replied 1 year ago.
Hi,Thank you for your reply.We are about the same age and have the same earning potential in the future.
The only thing I am confused about is how financial and non-financial contributions are calculated. My husband contributed considerably more financial contributions than I did. However, due to his circumstances with a back injury, I was assisting him to work during that time.
I am trying to determine what would be a fair percentage split. Do you have any advise on this?Thank you
Expert:  Leon replied 1 year ago.

Good Evening.

Financial contributions are what you have bought into the relationship and also what you have contributed to build up the assets.

Non financial tend to be raising children doing the domestics, improving the property by painting, gardening etc.

Your own exertion for no reward.

In a long marriage of say 25 years they tend to be equal because of the time frame.

When I an dealing with a family law matter, to get to the point of giving that kind of information, I have spent about 2 hours with the client getting a detailed history and also going through the current assets and liabilities.

It is not possible to do that here. I am here to assist you and point you in the right direction.

You should both get independent advise on this particularly when you mention he has a back injury. This will impact on his future needs.

The time you assisted him would be considered as well.

I would not be making any offers tomorrow because it is too early without considering all of the above. His injury is an issue and if the court has evidence that he cannot work a full working life and would have to retire earlier than normal he would have a claim for future needs greater than yours.