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Just wondering what percent of my super dose my x wife get…

Hello just wondering what...

Hello just wondering what percent of my super dose my x wife get in a divorce

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Waiting on the paper work

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

Vic

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

No thank u

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Answered in 5 minutes by:
3/21/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,517
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

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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this will depend on the total assessment of the asset pool.

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Customer reply replied 4 months ago
no assets just 4 kids

The assessment of the total asset pool involves the following factors:

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.

There financial separation can either be done amicable or through the court, but the basis remains the same to determine who gets what.

You can defend your entitlement to your asset level with a carefully structure assessment of the history of the relationship.

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As there are no assets, then super will be the main division that is split.

how big is the super ?

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

Don’t forget to rate me 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
100.000 but 14,690 i had before she lived with me

ok, thanks

so basically, the split will involve 100 - 15 - $85k

the $85K is this divided subject to the needs of the parties.

the starting point is 50% and the scales then move based of the facts.

would you like to have a talk by phone ?

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Customer reply replied 4 months ago
no solicitors all online

yes you agree with your spouse with out lawyers on the super aspect

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Customer reply replied 4 months ago
far she thought it was 35%

are you ok with that percentage split ?

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Customer reply replied 4 months ago
i guess so just dont want to be ripped off
Customer reply replied 4 months ago
how much dose it cost to call

thats a good split.

as there are no major assets and only super, once lawyers are involved they scales will move higher in your spouses favour.

what you should do is get that agreement done up in writing asap.

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Customer reply replied 4 months ago
ok thank u

you are most welcome .

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

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

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,517
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 4 months ago
She agreed to write up the contract at 35% so I'll get that signed as soon as I can she had an affair with my boss my daughter doesn't want to live with her is there a legal age a child can choose which parent they want to live with if you don't mind me asking

from once the child turns 18

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Customer reply replied 4 months ago
Without going through the court she's happy to let the 11 year old live with me 100% we're currently on 50/50 if my son lives with me too he is 9 what the courts take that into consideration and allow me to get custody of my other two children

the court will take into account the best interest of the children.

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Customer reply replied 4 months ago
hello ***** want a draft order from a lawyer before they will put money into her super

ok this you can arrange with a lawyer being engaged to complete the form.

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Customer reply replied 4 months ago
we are not using lawyers so do i have to see one to get this done

yes

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