NSW Post separation income

Discussion in 'Family Law Forum' started by Water123, 10 November 2018.

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  1. Water123

    Water123 Member

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    Hi,
    We separated two years ago where I will now be attending a court mandated conciliation conference where both parties have provided disclosure. Since separation, I've continued to save with my earnings being deposited into a bank account under my name and have accrued some significant savings. I'm now not working as much and will be using this money to fund myself by withdrawing cash. Are these earnings mine and what's viewed as reasonable. The ex is living with her new partner and there were no kids. Thanking you in advance for your response.
     
  2. Rod

    Rod Well-Known Member
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    Which court are you going to? Is it a local court, or a Federal court (ie Federal Circuit Court)? Married or de facto?

    2 years is important. If you were married has an exemption been obtained to file the matter?

    Is the filing date <2 years since separation, or over 2 yrs?

    Do you want to settle, or do you want to try to avoid it because you stand to lose property?
     
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  3. Water123

    Water123 Member

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    Hi, thanks for your response. Got married after 11 years together and then separated just after a year of being married in 2016. The case is before the Federal Circuit where there's a conciliation meeting this month to try and work out a settlement and if none reach, court hearing in January to determine a trial date. As stated, I am working significantly less and have a lot of personal expenses coming up and wish to access the money that I have earned post separation and deposited in my bank account without further arguments that it's required to be notionally added back to the asset pool on the basis that the expenditure was reckless or extravagant. Regards
     
  4. Rod

    Rod Well-Known Member
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    Are you divorced, if so when in relation to the court filing date? I'm wondering if divorce is more than 12 months earlier than the court filing date. If so, one of can object to the hearing.

    re: Money post separation. The money needs to be shown, but you argue it is post separation and have the court take it out again. Should be successful, but may not be as it depends on the judge you get.
     
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