SA Defacto separation and assets

Discussion in 'Family Law Forum' started by dirtracer13, 2 October 2019.

  1. dirtracer13

    dirtracer13 Member

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    Hi everyone

    Looking for some advice regarding a defacto separation and assets. I have enquired about a few family lawyers but am waiting to hear back so thought I might ask on here as well.

    Situation is defacto relationship for 7 years with 1 child (4 years old). I came into the relationship with savings of around 14k, share of a boat ($7.5k), a car ($10k) and super (approx $40k now). She came in with a car ($8k) and that was about all but may have around $8k of super now. I worked full time and she studied
    at uni after our first child. She works casually to get enough "spending" money for herself and I pay rent, all bills, car maintenance, food, etc but she will now have to get full time employment.


    After reading through threads on here and limited legal advice on the internet I am of the opinion that I should offer the following -

    - We each keep our own car
    - We do not divide the boat share or my savings as I came into the relationship with these and they have not been "added to" since being in the relationship as I have been supporting the family
    - She takes over the rental agreement and keeps all furniture, etc inside (approx $4k value) and I take all the shed contents (tools, etc about $3k) and move out to a new rental and buy all new furniture (which will cost $3k or more)

    What are peoples opinions on this?

    I'm also wondering what to do about my super. I'm not planning on offering any split but I'm not sure if she will get advised to push for one. I am of the opinion that the cost of legal representation and mediation would not be worth it over our small asset pool. I am hoping to negotiate a 10/4 nights share of our child due to my work commitments. Does this ratio have any impact on my position for assets? I will pay any child support required and do not want to fight over child related things.

    Any advice or feedback would be greatly appreciated!

    Thanks, Jimmy
     
  2. sammy01

    sammy01 Well-Known Member

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    yep that all seems fair and I think you're accurate, not enough $$ to bother fighting it out in court. Mate keep things amicable, live long and prosper. But it takes two... If she is happy to play nice and can see that what you're offering is fair then happy days.
     
  3. Scruff

    Scruff Well-Known Member

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    I agree with Sammy. Your proposal (esp. cars/furniture/tools) is fair and makes sense. It's also smart that you don't want to fight over the child.

    If your ex gets legal advice, then the one thing I would be expecting is that she will be advised to go after some of your super. If that happens, then don't forget that it's a two way street. You have around $40k, she around $8k and I assume you both brought some of that into the relationship 7 years ago. So in my opinion, initial value and accumulation during the relationship should both be considered - but I'm certainly no expert when it comes to that kind of that stuff. Sammy and the others on here with real world experience in that sort of thing will be able to help you further if you run into that roadblock. But 7 years is a decent amount of time to be in a relationship, so if the super does become an issue, keep being smart and amicable to try and limit how much you loose.

    If you can keep this one out of the courts, then you might not loose anything.
     
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