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My husband of 14 years (partner of 23yrs since school) has…

My husband of 14...

My husband of 14 years (partner of 23yrs since school) has moved out of our family home (rented) about 5wks ago but has just quit his job and moved on to a new job. He accumulated about 300-400hrs of annual leave that will be paid out to him in the next couple of weeks. I am wondering if I am entitled to ask for a portion of that bulk money when it comes through? We have 2 children together (11 & 8 yrs). He is still currently paying our rent and bills but not sure if that will continue with the new job. He said he would cover the bills but not sure if I’ll be getting any extra. I have the children full time and I work part time during school hours. We would like to try and work out our assets by ourselves as we only have a few major items but we own his car outright (worth approx $30,000), and a boat (approx $4000), a camper trailer (approx $4000) all owned outright but my car still has a loan on it for approx $22000. Just looking for a little advice on what I can ask for without going over the top.

Lawyer's Assistant: What state is this in? And how old is the boat?

We live in Qld and the boat is a2001 Quintrex

Lawyer's Assistant: Has anything been filed or reported?

No not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No not really, just that we both want to keep it as civil as possible without lawyers but I don’t want to be given less than I’m entitled to as I’ve never been through a break up before

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Answered in 5 minutes by:
3/12/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,288
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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understand

the next step in the process is financial separation, this can be done amicably without the courts involved, but you will need the assistance of lawyers.

the following explain how the assets are divided in both an amicable and court processed financial separation

Where the court makes alteration of property interests under section 79 of the Family Law Act 1975, the court will usually take into account four facts. [1] The court will assess the extent of the property of the parties and determine its value. [2] The court will consider what contributions have been made by the parties, including direct and indirect contributions of a financial character and non-financial character, and contributions to the welfare of the family, including contributions as homemaker and parent. [3] The court will consider the circumstances which relate to the present and future needs of the parties and to their means, resources and earning capacity, actual and potential. [4] The court will consider the effects of points 1 to 3 and resolve what order is just and equitable in all the circumstances of the particular case. Alteration of property interests between separating couples is an emotional and stressful process and seeking help early is important.

the best outcome is amicably to settle the matter

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you have legal rights and the law will protect you in this matter

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

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Customer reply replied 4 months ago
Ok thank you but that didn’t answer any of my questions from above. I’m still confused as to whether I should push to get some of the bulk payment he will be receiving from his annual leave that was accrued over the last 5 years in his job that he has just left?

yes you are entitled to a percentage of that payment.

and it will need to be processed in the manner I described above, under the financial separation process.

you need to get the paper on the payment so you can add that amount to the asset pool total

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,288
Experience: Principal Lawyer at Legal AU Pty Ltd
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