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SA Divorce - Is Ex Entitled to Part of My Inheritance?

Discussion in 'Family Law Forum' started by needinformation, 26 April 2016.

  1. needinformation

    needinformation Active Member

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    Hi,

    I am starting divorce proceedings. I have been separated for 31/2 years. In that time, I received an inheritance. Is my ex-partner entitled to any of that money in property settlement? Also, is he entitled to any of my superannuation should I decide to apply for some of his?

    Can you give me an indication of how much it is to lodge divorce papers through the courts? And also, can divorce papers be obtained through a JP and processed?

    Thank you
     
  2. Sophea

    Sophea Well-Known Member

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    Hi needininformation,

    Your ex has no "entitlement" per se to your inheritance or your super. Your settlement is either what you agree on or negotiate between yourselves, or if you can't decide...what the court decides. The court basically tallies up all of your joint asset pool which can include things you have acquired since being separated depending on the circumstances, and all of your joint debts, and then divides the assets and debts in a way that it thinks is fair having regard to the future financial needs of each partner and your future earning capacity.

    I think the divorce application fee is currently $845. On top of that would be any lawyer fees etc, but there are kits available to do it yourself.

    Check out these other posts on division of assets:

    NSW - Debt Created Post Separation - Included in Post Divorce Property Settlement? | LawAnswers.com.au
    QLD - Newly-Purchased Assets Part of Property Settlement with Ex? | LawAnswers.com.au
    NSW - Property Settlement and Assets to be Divided - Post Separation Income? | LawAnswers.com.au
     
  3. needinformation

    needinformation Active Member

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    Thank you this is most helpful
     
  4. Victoria S

    Victoria S Well-Known Member

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    Whether or not your ex is entitled to part of your inheritance may also depend on his involvement with the person who bequeathed it to you. For example, if it was a relative of yours that your ex helped to care for in their final years a court may be more inclined to decide that they are entitled to a share of your inheritance.
     
  5. needinformation

    needinformation Active Member

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    Thank you Victoria S. No my ex did not help in any way with the care or anything else, during the time we were separated or before my father passed away.
    Thank you again
     

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