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TAS Claim Superannuation After Family Law Financial Settlement Finalised?

Discussion in 'Family Law Forum' started by Bella1958, 29 June 2015.

  1. Bella1958

    Bella1958 Member

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    In 2008, for reasons that I won't go into other than I was basically so stressed out and tired of the bullying, I agreed to not touch my ex husband's 20 year 400k superannuation in return for 15k from a separate small super account. My lawyer did tell me that she could get me 50% without even trying and that once I agreed to this it was final. I wanted peace so I foolishly did not take my lawyer's family law advice.

    Now, 7 years on and a lot stronger, I realise that it was a very very foolish thing to do especially as during our 20 years I contributed directly and indirectly to the superannuation as it was always for our retirement.

    Is there anyway I can get this re looked at? - only for the period that we were together I still do not want rip him off but I realise that I have put myself in a terrible position purely because I could not cope with the stress of it at the time. Thank you.
     
  2. AllForHer

    AllForHer Well-Known Member

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    You won't be able to review this situation without leave of the court, and I believe you would need to show some degree of financial hardship as a result of the marriage to have the court reconsider the settlement. If you're only after super, I don't think the court would reconsider it 7 years down the track.
     
  3. Bella1958

    Bella1958 Member

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    Thank you for your reply ...yes you are saying what I was afraid of...the house we had agreed was all mine when sold if I left his super when the settlement of the house happened it was split 50/50 by the lawyer and the response was well you never said anything at the time ....I should have had more fight in me and then only settled for a 50/50.split with the super but I didnt so wondered if I had any recourse at all ...but it seems that I probably don't.
     

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