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NSW Divorce - How Much can Wife Claim in Property Settlement?

Discussion in 'Family Law Forum' started by User35, 30 August 2015.

  1. User35

    User35 Member

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    I got married abroad around 3 years ago and my wife moved to Australia. Since then I have been providing for my family. We don't have kids yet and despite that my wife has not been working, not trying to get any work or not getting any. Add to that, I take care of the cooking at home too as she is no good at it. It's a really stressful situation and when I asked for a divorce, she filed an AVO saying she is concerned about her safety and then again took it back.

    I have substantial savings, accumulated pre and post marriage. If I file for divorce now, how much of my savings can she claim as property settlement? She hasn't made any financial contribution to the family whatsoever in 3 years of your marriage.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi User35,

    What each party will leave a marriage with is for either the parties to negotiate themselves, or if they can't work it out, its for the court to decide what is just and equitable. There is no presumption that either party gets half, and the split is not solely dependant on financial contributions to the relationship. The court actually follows a 4 step process when determining how the assets of a couple should be split and takes into account financial and non financial contributions of the parties and also what the parties respective financial needs will be in the future.

    If you want specific advice and assistance negotiating I would retain a lawyer. This other post may be helpful in explaining the court process: WA - Fair Share Split for Property Settlement After Separation? | LawAnswers.com.au
     

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