VIC divorce assets marriage

Discussion in 'Family Law Forum' started by aati, 14 June 2019.

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  1. aati

    aati Well-Known Member

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    What are the asset allocations In the event of a divorce: A couple who have been married about 16 yrs. Upon marrying, she had 100% savings. He was in debt. 3yrs into marriage she contributed 2/3 cash payment for property. Both paid into the last third which was mortgage. However she was living in his home country and was forced out of work thus being unable to continue to contribute to mortgage. She finally paid about 20% of the mortgage (20% of the last third). Having had great difficulty in securing well paid work in his country due to living in rural area for his work. over the next 13 years she has done menial casual.jobs which have been.low paid. She is now almost totally dependent on husband. She Is mainly homemaker, in charge of bills, but has found out husband's infidelity. Where does she stand in the event of divorce?
     
  2. Atticus

    Atticus Well-Known Member

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    Very basically... After 16 years the initial contributions that each party bought into the marriage will carry little if any weight in division... The starting point will therefore be a 50/50 division. This includes all assets, financial resources and superannuation.. From there adjustments may be made according to any caring responsibility one party may have towards family members if there are any. An adjustment for future needs.... So if for example she requires skills training to re-enter the workforce after a long absence..

    If the marriage is truly beyond saving, then she should gather together all the facts and figures, see a family law solicitor for an initial consultation to get some idea exactly what her entitlements may be, because there is no blanket rule when it comes to asset division, all cases are determined on their own unique circumstances
     
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