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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44184
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have a very quick question. My wife and I are separated (4

Customer Question

Hello, I have a very quick question. My wife and I are separated (4 mths). If I received a large sum of money, say from the death of a relative or even won lotto, would she be entitled to any part, considering we cannot get divorced until July next year ? Thank you
JA: What state is this in? And just to clarify, when exactly were you notified?
Customer: NSW
JA: Has anything been filed or reported?
Customer: I've sent her the Consent Order but she hasn't filled it out and returned it
JA: Anything else you want the lawyer to know before I connect you?
Customer: She has verbally told me she doesn't want to claim any money from me, BUT...
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 9 months ago.

It has to be disclosed and it will impact on your future needs.

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 9 months ago.
No assets. No children. If I received a lot of cash in the future (before divorce) is she entitled to any of it ?
Expert:  Leon replied 9 months ago.

If the cash is received after the settlement then you have nothing to worry about.

If you receive it before the settlement and during negotiations then you have to disclosed it.

Expert:  Leon replied 9 months ago.

She will not get any part of it but the law will adjust the rest because you have that win

Customer: replied 9 months ago.
Expert:  Leon replied 9 months ago.

You are very welcome and 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 9 months ago.
You have taken $76 off me, in addition to the initial $5. I never agreed to the $76. This is serious
Customer: replied 9 months ago.
I would like you to repay me the $76. Now
Expert:  Leon replied 9 months ago.

I will pass this on. I only answer the questions.

Customer: replied 9 months ago.
It should be quick, as I cannot afford this amount and it was taken WITHOUT my permission
Customer: replied 9 months ago.
When can I expect to hear back ?
Customer: replied 9 months ago.
Please tell whomever you passed it onto, to call me now - 0408 388 199. This is not what I agreed too.
Customer: replied 9 months ago.
I'm so disappointed with your office just taking this money

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