WA How to Get a Divorce and Work Out Assets?

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Brad Bates

Member
6 March 2017
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I have been married for 21 years, and we have a 9-year-old daughter. I am home most evenings (apart when away for work) and weekends, waiting to see my daughter to come home. During the week, they don't get home until late in the evenings and on weekends they are out most of the day and come home late.

I have said to my wife several times about living with her mother as that is where they usually are, and she keeps saying our house is hers because her father helped pay our mortgage off before he passed away.

We have been sleeping separately in different rooms for the past 4 years. We hardly talk to each other and when we do, we usually disagree about what was said or has been done. We have grown too far apart over these 4 years and there is no love/commitment between us, no more.

Where do I stand please, in separation or divorce and working out assets?
 

sammy01

Well-Known Member
27 September 2015
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2,894
In order for asset division to be legally binding, both parties need to get independent legal advice (see a solicitor). You can both then come to an agreement. If that don't work then it is court (Ouch - avoid this if you can).

Have a read
Property and finances after separation - Family Court of Australia

So her inheritance would give her a reason for a bigger chunk of the pie. But not the whole pie, even if you contributed nothing financially. I'm assuming you made some financial contributions through work? And how big was her dad's contribution?

Now if the inheritance was 15 years ago, then it is of less relevance than if it was 2 years ago. Short answer, there isn't one. It is a case by case deal.

So with a 9-year-old - one thing would be the care arrangements of the child.

For the minute - stay calm. Consider calling Relationships Australia to organise mediation to try to come to a compromise. Don't even bother trying to negotiate, discuss with her. Let's face it, you guys appear to have reached a point where you can't agree on the time of day - why try to get an agreement about something more important...?