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Due to a domestic violence incident in january this year i…

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Due to a domestic...

Due to a domestic violence incident in january this year i have moved back to tasmania from victoria. Do i have to wait 12 months to get someone to help me with property settlement?

Lawyer's Assistant: Family law varies by state. What state are you in?

Tasmania now. I was in victoria where i have a share in a small parcel of land

Lawyer's Assistant: Have you talked to a lawyer yet?

No. I cannot afford to hence my question because the home i rent now is about to be sold and i neec to find a new rental on a casual wage which is very kow

Submitted: 8 months ago.Category: Australia Law
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Answered in 5 minutes by:
9/24/2017
Solicitor: Leon, Solicitor replied 8 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,464
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

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.

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Solicitor: Leon, Solicitor replied 8 months ago

Good Evening

No you can start at anytime.

If you have a solicitor dealing with it you should not be in breach of the order.

You cannot contact her or get third parties that are not solicitors to contact her.

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

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

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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,464
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Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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