NSW Process of Property Settlement?

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NoobieDoo

Active Member
12 September 2017
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Hi

My husband and I began living together in his property Feb 2007. We married in 2010. We don't share bank accounts. We have not had children together though I have my youngest living with us and he considers him to be his dad. I pay for groceries & contribute to general upkeep on his property. I also built a large home office here. My own home has been rented out since Feb 2007.

He has been in the military & Department of Defence since he was 16 and I'd say his superannuation would be sizable. He was born in 1960. I gave up my business once I moved here and have a very small income & low super.

He is of the opinion that whatever I came with is what I go with, that's it. Is that correct? I would have thought we'd look at what we both have and work it out from there.

It is really sad because I thought we'd always be together. Maybe we can work through issues but I think I need to fully understand how the property settlement process would work in this situation.

Thanks for any assistance.
 

AllForHer

Well-Known Member
23 July 2014
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684
2,894
A property settlement can be whatever you and your partner can agree to, but if you can't agree and decide to file for property settlement through the Court, the Court will ask four questions in making its decision:

1. What is 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 the parties?
4. Is the settlement just and equitable?

As a guide, start at 50/50 and make adjustments as needed according to the questions above.

All property settlement require you to get legal advice, as well, so it may be worthwhile contacting Legal Aid for an appointment.
 
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NoobieDoo

Active Member
12 September 2017
5
0
31
A property settlement can be whatever you and your partner can agree to, but if you can't agree and decide to file for property settlement through the Court, the Court will ask four questions in making its decision:

1. What is 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 the parties?
4. Is the settlement just and equitable?

As a guide, start at 50/50 and make adjustments as needed according to the questions above.

All property settlement require you to get legal advice, as well, so it may be worthwhile contacting Legal Aid for an appointment.


Thank you, much appreciated :)