NSW Ex Dissipated Asset Pool - Property Settlement Options?

Discussion in 'Family Law Forum' started by OptionalSettings, 27 August 2018.

  1. OptionalSettings

    OptionalSettings Well-Known Member

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    My ex and I are separated one year and trying to reach a financial and property settlement via consent orders. When we separated my ex raided our joint savings account taking a significant five figure amount. Since then they have spent one third of the savings and run up debts of nearly $10k meaning more than half the asset pool on their side have gone.

    I find it very hard to justify seeing as they earn more than me, we split all child care costs and I get 5 nights per fortnight. I was also the one that moved out so she did not need to re-establish herself. They claim it has been spent on living expenses but they have also been on holiday and one of the debts is a large driving offense fine.

    What can I do in regards to getting documents to show where the money has gone. What is reasonable to expect in full and frank disclosure, can I ask for 1 year bank statements? Also what can I do in regards to asking for add backs to the pool?
     
  2. SamanthaJay

    SamanthaJay Well-Known Member

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    I had to provide 7 years financial disclosure so I don't think only 1 year is going to be a problem.
     
  3. Rod

    Rod Lawyer
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    Amongst other things, you put in your court documents what you had at separation, and what is there now, then argue wastage.

    It is up to the judge to then decide how much, if any, they decide to 'add back'. It may well be nothing.

    When I had my split many years ago, my ex did not pay the mortgage for over 12 months despite living in the house. The judge/registrar didn't care.
     
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  4. OptionalSettings

    OptionalSettings Well-Known Member

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    What made you have to do this? Were you asked by lawyers or the courts got involved and ordered it? My ex seems very unwilling/uncooperative to provide any actual documents or statements.
     
  5. daisyduck

    daisyduck Active Member

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    From my experience with the Family Court they don't do 'add backs'. My ex (3 year relationship) spent over $100k of joint offset account funds and they didn't care or take it into account at all.

    I've since met several people at work/in pubs who tell me that the best thing to do in a break up is to just spend all the money and claim poverty as the court wont make anyone pay anything back.
     
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