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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44203
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My husband and I recently separated due to his adultery, he

Customer Question

My husband and I recently separated due to his adultery, he is now living with her, 3 weeks after we parted. I brought $200000 into the marriage and he brought $20000. For 17 years he has refused to work more than 3 days per week so to provide for our financial future, I have studied for 6 years as well as worked full time and this has enabled me to purchase 3 rental properties (at this stage there is no equity in those properties).If we were to sell the marital home the cash would be $210,300 approx. He wants to claim $110,000 and a rental property, disregarding what we have contributed and brought into the marriage. Does the huge difference that we have contributed to the relationship and earnings come into settlement? He has not earnt enough to pay tax at all for 16 years and my wages have paid all mortgages and rates etc.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: We are currently in Tasmania (since last April ) and I am in one property. The other 3 are in Victoria where I wish to return when I can
JA: Has anything been filed or reported?
Customer: No, He is pushing for me to settle without court
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so. I just want to know about fair division to offer as h is pushing to walk away with 6 times his contributions and me losing approx. 50 % of what I came with. There are o children in the marriage
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.

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

Expert:  Leon replied 6 months ago.

Good Afternoon.

I am sorry to hear about what has happened.

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

Contributions are important but the law also looks at what has been contributed financially and non financially in a long marriage.

I cannot tell you about a fair split because there is not enough information and I would need to also see what the current assets and liabilities are the parties incomes and also the superannuation and health of each.

The fact he has not worked and you supported him will go against you if he has need and he may also apply for spousal maintenance.

You cannot sort this out simply you will have to have a solicitor and get full and frank disclosure and a history of the relationship.

Financial contributions are not the only variables that are applied.

I am sorry I cannot give you anything more positive. If there is nothing further, Happy New Year 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.

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