NSW Loveless marriage impact on settlement

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Pathfinder

Member
3 November 2017
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Hi, After over 25 years of marriage my wife suddenly decided to separate from me. I have been earning about 90% of the household income and has been in a high income bracket. My wife worked from home which generated next to nothing income. I have been helping out household works, parental duties, significant renovations and successfully managed a large building case, without using a solicitor. We have a child who is 25 years old and living with us. We had a minor argument 4 weeks ago that led to her announcement. She has taken significant money out of our joint account. I now find out through her friend that she always wanted to divorce me but waited for our son finishing school, and then university. Now as our son finished university she want divorce. Her friend has recording of the conversation. I felt over the years her lack of compassion and intimacy. As I was busy with my work, spending time with my son for his sport and study and household works, I did not take my notices. We had good communication between us, still did not know her intention. If I knew her intention, it would have given me an opportunity to apart much earlier, particularly after my son's high school. This would have given me a chance to save up money that could have given me and my son a decent living in my retirement. I consider that I have been maintaining her living and lifestyle in a non committal marriage. I would have better off without this loveless marriage. I consider this being intentional opportunistic behaviour on her part and not a real marriage. Does this intentional non committal marriage play any part in splitting assets ( Property and cash). Appreciate your comment and advice.
 

Migz

Well-Known Member
20 November 2016
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To answer your question.... NO. You have one thing in your favour at least your son is old enough that neither of you have to pay child support.
 

AllForHer

Well-Known Member
23 July 2014
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Does this intentional non committal marriage play any part in splitting assets ( Property and cash).

No.

If you don't reach agreement and end up going to Court, the Court will ask four questions:
1. What's the value of the shared asset pool?
2. What were the financial and non-financial contributions from each party?
3. What are the future needs of the parties?
4. Is the settlement just and equitable?

If you're earning significantly more and she has been raising kids and isn't really able to support herself, she might also make a claim for spousal maintenance, but whether or not she gets it is impossible to predict.