NSW Divorce with no kids and real estate

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Rksyd85

Member
19 September 2021
2
0
1
Hi All,

I am a lot worried as I am looking to file divorce. I am a 36 year old male, moved to Australia in 2017. Been married since 6 years with no kids and real estate. I have savings of $200k, and wife has only worked for about a year since we moved here. How will the finances be split when I file for divorce? Considering that she only worked for a year and her average pay package was 60k. I've been doing all the spendings on rent, international travel etc since the beginning. Also, the only thing I own here is a $25k car. Looking forward to your responses. Thanks in advance.
 

sammy01

Well-Known Member
27 September 2015
4,936
704
2,894
ok, so where is the $200K savings? shares? In australia?

Look - the laws here are pretty fair. She isn't automatically entitled to 50%. How will it pan out? I don't have a crystal ball. Go see a solicitor. But I would be thinking she isn't entitled to very much IF anything. Offering her $20K go away money might be prudent. Just realise this - do it by the books. If you just give her a pile of cash and get her to sign a piece of paper saying that she agrees, will not stand up in court.

How long until the lease is up on the house you're living in? If the lease has expired, then you can just tell her that she can leave, or she can stay and put her name on the lease and you leave.

So look, I can't predict your future. IF she tries to screw you out of every cent then solicitors will make lots of money from you both. Given you have not been married all that long, she isn't entitlted to half (or even close) hence my suggestion of offering her some go away money...
 

Rksyd85

Member
19 September 2021
2
0
1
ok, so where is the $200K savings? shares? In australia?

Look - the laws here are pretty fair. She isn't automatically entitled to 50%. How will it pan out? I don't have a crystal ball. Go see a solicitor. But I would be thinking she isn't entitled to very much IF anything. Offering her $20K go away money might be prudent. Just realise this - do it by the books. If you just give her a pile of cash and get her to sign a piece of paper saying that she agrees, will not stand up in court.

How long until the lease is up on the house you're living in? If the lease has expired, then you can just tell her that she can leave, or she can stay and put her name on the lease and you leave.

So look, I can't predict your future. IF she tries to screw you out of every cent then solicitors will make lots of money from you both. Given you have not been married all that long, she isn't entitlted to half (or even close) hence my suggestion of offering her some go away money...
Thank you for coming back mate. $200k is savings in my bank account. When you say offer her money by the books, you mean doing a bank transaction right so I have proof. House lease expired a long time ago. On a month to month lease now. Been trying to convince her to leave but she isn't.

And if she tries to get every cent out of me and gets a lawyer, I guess it is not mandatory for me to get a lawyer right? And as far as I think, she can't even afford one. But I'm sure she would try to get as much money as she can because she knows how much I have since I've always been transparent with her.
 

sammy01

Well-Known Member
27 September 2015
4,936
704
2,894
No -by the books means with solicitors. Even a bank transfer without a legally binding contract is something that can be challenged and leave you with her being able to come back for a second bite of the cherry.

IF she won't leave? why don't you? Let her have the majority of the stuff in the house so long as she agrees to take the lease over on her own and have your name removed? You take your car and personal stuff and move on. You'll have to wait 12 months before you can file for divorce - but there are ways to do that sooner - if she agrees. Ultimately, that doesn't matter all the much, unless you want to re-marry next week. I'm thinking you dont?

Look there is a range of possibilities. Giving her the furniture and moving on / starting again, has some merit. Clear out the decks, get a new place, start again... IF she doesn't have $$ in the bank, then she just might find herself in a situation where she can't afford to start legal proceedings AND she will likely find that she would be wasting her time anyways....