How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44870
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Type Your Australia Law Question Here...
Leon is online now
A new question is answered every 9 seconds

I've been married 23 years, I'm 40. We spilt up, I don't

Customer Question

I've been married 23 years , I'm 40 .
We spilt up , I don't know what I deserve after all this time married & not having to work because we could afford me not to work , now I'm on benifets , struggling & no family , just I & my kids .
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New
JA: Have you talked to a lawyer yet?
Customer: No , I can't fight for myself not like he can ,
JA: Anything else you think the lawyer should know?
Customer: He uses two names so he won't pay child support . I've been with him since 17 , married & 3 children , I allowed him to educate himself so he could be at his best , now I have noting to show for someone to give me work .
I'm struggling so much .
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year 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 but a guide to assist you.

I cannot tell you what you are worth because there is not enough information but I can tell you that it appears to be a long marriage and the law starts at 50%.

Because you are no benefits and not working if he works and if the children are under 18 years of age then you can get more than 50%.

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

You are going to have to go to court and it is not a simple matter you both have to disclose all the assets and liabilities and if this is not done the court cannot make a decision.

You should be seeking legal assistance and speak to legal aid and see if they can assist.

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.