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Asset Settlement with Husband - What am I Entitled to?

Discussion in 'Family Law Forum' started by margie, 2 July 2014.

  1. margie

    margie Member

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    I have been separated from my husband for 10 years. I have had our 5 children in the family home over this time and my ex husband visited the children in the home 4 to 5 times a week for about 2 hours at a time. I have worked part time during this time and he has worked full time. We have recently decided to sell the house and settle finance ( property settlement). His superannuation has increased 10 fold since our separation. How much am I entitled to of assets and super under family law? His solicitor is saying I am only entitled to a share of his super amount prior to separation.
     
  2. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi Margie, the split of both assets and Super is as at the date of the Court Orders (if the parties cannot agree between themselves).

    You would need to explain to the Court why it has taken so long to make an application and obtain the permission of the Court to proceed, as normally you have 12 months to sort out the property settlement after the divorce.

    I assume you have been granted a divorce? Please advise if you are still married.

    Kind regards, James
     
  3. margie

    margie Member

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    Hi yes we are still married
     
  4. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Margie

    As you are still married you do not need to apply to the Court for permission to apply for a property settlement (if you both cannot agree).

    You are currently under no time pressure to finalise a property settlement as far as the law is concerned.

    At the moment, and for the past 10 years, as your husband's financial position has improved, so has yours.

    His Solicitor is not your Solicitor, and should not be relied upon regarding advice on the law regarding the division of your property.

    I recommend you seek independent legal advice from a Family Law specialist. Depending on where you are located in Australia, I can recommend one, or you can approach the local law society.

    Kind regards, James.
     
  5. margie

    margie Member

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    Thanks James Yes that's the confusing thing. My Solictor says that it as calculated at time of settlement so I am entitled to share of current super. Which Solictor is correct?
     
  6. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Your Solicitor is correct.
     

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