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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44889
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My wife and we have been seperate for 4 years and now we

Customer Question

Hi my wife and we have been seperate for 4 years and now we need to get a divorce and there is 2 property beween us set of duplexex not seperated but not torens titles i need to know what is my entitelment and how we go about it and how much woll it cost if it went to court the kids over 18 thank you
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: We have a property into joinned name they are set of duplexex 2 separate one no kids can she claim for both
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Nsw
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: The property is a set of duplexes under 1 title i only want one of them and she is refusing to give any
Submitted: 5 months ago.
Category: Australia Law
Expert:  Leon replied 5 months ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 5 months ago.

Good Afternoon

The law will apply the following 4 steps in the property split and it will not just include the duplexes it includes everything in joint names and in your sole names.

The property that is looked at is what you have now not what you had when you separated.

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 can duo this at any time you do not need to get a divorce. If you get a divorce the time to settle starts to run and you have 12 months to agree or start court proceedings.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. 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.

Regards
Leon