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NSW Parenting Plan and Property Settlement Query

Discussion in 'Family Law Forum' started by SilverFairy29, 15 February 2016.

  1. SilverFairy29

    SilverFairy29 Member

    17 December 2015
    Likes Received:
    My ex and I had been together for 8 years, married just shy of 3. During our relationship, my earnings went to paying rent, shopping and whatever bills I could cover with the left over and my ex's income went to buying furniture, cars and all the odds and ends all conveniently put into his name.

    Am I still entitled to make a claim on these assets even though they are all in his name for property settlement? We made a verbal agreement on what he would get and what I would get. He has now told me to get stuffed. I can get the things myself they aren't in my name.

    I am currently waiting for him to initiate mediation (his request) for a parenting plan (we have two kids). Can we also bring in the asset division while doing the parenting plan, or is that a separate mediation that needs to be done? Or is it a lawyer thing?

    many thanks.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
    Likes Received:
    You can certainly discuss property settlement at mediation, just make sure you tell the mediator this during your first individual appointment.

    If the court is asked to decide a property settlement, it asks four questions:
    1. What's the total value of the shared asset pool?
    2. What were the financial and non-financial contributions of each party?
    3. What are the future needs of each party?
    4. Is the settlement just and fair?

    The articles you've listed would form part of the shared asset pool, so they would be taken into consideration. It doesn't matter that they're in his name, you still have a legal interest in them because you were married.
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