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WA Is Ex Entitled to Superannuation?

Discussion in 'Family Law Forum' started by crazypom1, 22 February 2016.

  1. crazypom1

    crazypom1 Active Member

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    Hi, my new partner split up from his ex last May (2015). They have an autistic son together and are just going through taking her name off the mortgage, but she is a money grabber and we are worried she is entitled to half his superannuation.

    Thanks
     
  2. AllForHer

    AllForHer Well-Known Member

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    What was the duration of their relationship?
     
  3. crazypom1

    crazypom1 Active Member

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    7 years.

    She is also getting 20 grand but doesn't want the lawyer to put it on the paperwork so she doesn't have to pay tax, so the only proof he has given her the money is on a back statement and that will be in 4 payments of 5 grand.
     
  4. sammy01

    sammy01 Well-Known Member

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    You are not gonna like anything I have to say....

    1. Super - yep.

    Based on the info provided, she is entitled to 60/70% of everything.

    Next - asset division is done at the time of settlement, not at the time of separation or divorce That means if he leaves sorting it for another 3 years - anything he accumulates in that time will be part of the pool. Potentially any debt she accrues could also be factored in.

    Next - make sure it is legally binding. For that to happen, both parties need independent legal advice. Lots of people have been shafted by making hand shake agreement only to be stabbed in the back.

    Finally - she sounds dodgy. That can be okay but you need to be careful. Most dodgy people want it to be dodgy when it benefits them, but because they are dodgy they expect everyone else to be dodgy too and, as a result, they are manipulative and untrustworthy. For that reason, I strongly encourage you to do it all by the book.

    Just out of interest, were they married or de facto?
     
  5. crazypom1

    crazypom1 Active Member

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    De facto.

    He is going through a lawyer to sort taking her name off the house so that will be done by the book and is she still entitled to his superannuation, say in 10 years time?
     
  6. AllForHer

    AllForHer Well-Known Member

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    So, superannuation is usually regarded as part of the joint asset pool, but only the portion that was earned during the time they were together. Many former spouses can navigate around distribution of superannuation, for example, by paying a cash payment of $20,000 in four lots of $5,000 in exchange for full retention of your partner's superannuation funds and other assets.

    I would get everything on paper. If a property settlement is completed informally with no paperwork, then she will be at liberty to come back and claim another property settlement because there's no proof otherwise.

    Make sure he is aware he will have to pay child support, too.
     
  7. AllForHer

    AllForHer Well-Known Member

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    After ten years, no - de facto couples have two years following separation to apply for a property settlement, otherwise they have to seek leave of the court to file for a property settlement out of date, which is not granted easily.
     
  8. crazypom1

    crazypom1 Active Member

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    And do you think he is on with sorting the property out as we speak? Just waiting to get an appointment with his lawyer to fill in forms and submit them to court. He pays child support and always has ( I'm a little thick when it comes to all this lol ). I just don't want her coming back wen she has split up from her partner wanting more money from us.
     
  9. AllForHer

    AllForHer Well-Known Member

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    That's good.

    If a property settlement gets put on paper and filed with the court, then no, she won't be able to come back in ten years' time and recover superannuation, or any other assets, for that matter.
     
  10. crazypom1

    crazypom1 Active Member

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    Even if there is no proof, she has had the 20k or should he state that or doesn't it matter?
     

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