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Divorce - Long Service, Annual and Sick Leave?

Discussion in 'Family Law Forum' started by Mark Webber, 22 July 2014.

  1. Mark Webber

    Mark Webber Member

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  2. Tim W

    Tim W Lawyer

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    Let me understand here...
    You want to know if your departing spouse is entitled to a cut of yours?
     
  3. Mark Webber

    Mark Webber Member

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    Hi Tim, Thanks for the reply.

    It's actually my sister, but yes, are they entitled to any Long service, Sick or Annual Leave she has?
     
  4. Tim W

    Tim W Lawyer

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    <scratches head>
    Hopefully one of our resident Family Law folk will have a useful answer for you.

    For myself, I have never heard of an employee's leave entitlements
    (unclaimed, and that have not been "paid out" in money)
    being part an assessable part of a settlement... because I do not know them to be a financial asset
    of the kind contemplated by section 75 of the the Family Law Act 1975.
     
  5. Mark Webber

    Mark Webber Member

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    My thoughts exactly Tim, but when you're dealing with Leach's, you never know what they'll try.

    Thanks again for your help, I'll look up your reference and see how we go. Cheers!!
     

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