QLD Property Settlement - Any Tips?

[Tamsin]

Hi everyone,

I am in the process of preparing an affidavit for the property settlement between my ex and I, and I wanted some advice on how to go about it all.

I have done lots and lots of affidavits, and represented myself in court countless times, but always regarding the children.This is a little different!

The main issue we have is that we bought a house while married and paid off the mortgage with money given to us as gifts by his parents when each of our children were born. I have plenty of email evidence discussing the money being gifts. But on the day after we separated, my ex sent me an email claiming that he in fact owned the house and it had only been put in my ex's name for convenience, but that they were now requesting it back. THEN, they changed their minds and my ex filed an application at court claiming the money used to pay off the mortgage was in fact a loan, and that he did own the house but there was no equity in it. He has since provided backdated loan documents and a fairy tale story about why they hadn't been written up before.

My ex isn't the brightest tool in the box and he actually copied emails between himself and his family discussing the best method of keeping the equity in the house out of our settlement onto a hard drive belonging to me, which of course I took when I moved out. Last time we were in court the judge asked me to prepare an affidavit for a full financial settlement regarding all this. So I want to make sure I do it properly.

Obviously I have the email evidence already mentioned, but what other things should I include? My ex was very financially abusive during the marriage, and even more so since. Should I use my evidence of this to show a pattern of behaviour? Should I also show a pattern of behaviour of lying? He has lied in court documents and under oath, which I have proof of, so should I detail this to make a point that he has a history of lying in court to get his own way?

There is another aspect to this which I am unsure how to approach. My ex engaged in the technique of 'gaslighting' during our relationship, in order to get his own way and make me drop things he didn't want me involved in, as well as a way of controlling me. All of his emails to me about the house are phrased 'I dont know why you thought that, you are mistaken, you were confused' etc. Which makes me believe that he was hoping to get me to doubt myself over the ownership of the house and not contest his claims. But I don't know if it would be appropriate to talk about that in a property settlement?

I don't want to get sucked into bashing him, and only include things that are relevant.
Any advice would be most welcome!

Thanks.

 

[AllForHer]

Property matters are not a contest of emotions or he-said-she-said, so all the stuff about him 'financially controlling' you or 'gaslighting' are irrelevant. In children's matters, yes, that is relevant, because it can reflect one party's inability to support the relationship between the kids and the other party. However, property matters are more black and white.

The court follows a four-step process for deciding property matters, as follows:

1. What's the total value of the shared asset pool?
2. What was the financial and non-financial contribution of each party to the shared asset pool?
3. What are the future needs of each party?
4. Is the proposed settlement just and equitable?

All you need to document is everything you consider to be a part of the shared asset pool, what you believe your contribution to have been, and why you should get the orders you are seeking (e.g. "I have care of the kids; I have a reduced future earning capacity; etc.").

Making it a mud-slinging match may go against you because he could just as easily claim your application is vexatious and seek costs against you.

 

[Rob aspin]

My wife was earning more than I and sometimes my work was not consistant
I'm a carpenter and as such put considerable effort and time over our 18 year marriage renovating the three properties we owned over this time
She on the other hand was steadily employed by Queensland health and as such has a lot more super than I do
Form what I have read the asset pool includes all assets and liabilities
What I am asking, is for the unpaid contributions for myself as we sold the property for a substantial profit due to the diligence on my part and thus would expect her super to be also available which she is unwilling to put up as I have with the property sale
Am I on the right track?
Regards Rob

 

[AllForHer]

Super is considered in the joint asset pool (and you're right, it considers assets and liabilities), so you would be entitled to a portion if the court deems it just and equitable.

Additionally, your labour renovating the properties to improve your shared quality of life and enable your former spouse to raise funds in other ways I think would be considered a non-financial contribution to the asset pool. Please don't believe that financial contributions are held in greater esteem to the court than non-financial contributions. They're not. That's why plenty of primary carers end up with a 60/40 split on assets - because their non-financial contribution was greater than their financial contribution.

Hope this helps.

 

[Tamsin]

Property matters are not a contest of emotions or he-said-she-said, so all the stuff about him 'financially controlling' you or 'gaslighting' are irrelevant. In children's matters, yes, that is relevant, because it can reflect one party's inability to support the relationship between the kids and the other party. However, property matters are more black and white.

The court follows a four-step process for deciding property matters, as follows:

1. What's the total value of the shared asset pool?
2. What was the financial and non-financial contribution of each party to the shared asset pool?
3. What are the future needs of each party?
4. Is the proposed settlement just and equitable?

All you need to document is everything you consider to be a part of the shared asset pool, what you believe your contribution to have been, and why you should get the orders you are seeking (e.g. "I have care of the kids; I have a reduced future earning capacity; etc.").

Making it a mud-slinging match may go against you because he could just as easily claim your application is vexatious and seek costs against you.

Thanks for your reply!
I understand the need not to get into a mudslinging match, but as he has submitted these false loan documents to the court as evidence, and will apparently also have a sworn affidavit from his parents saying the money was indeed a loan, I was more asking about using these things as argument against his claims.
If the court agrees that this loan was true, I will walk away with nothing, as he is claiming to still owe the full amount the house was bought for. If they agree with me that it was not a loan, then there is a couple of hundred thousand dollars to be shared between us. Im a single mum with absolutely nothing, he doesnt even pay child support (a whole different story lol) and this is so important to my future. I want to do everything possible to prove to the court that this money was never a loan, and thought the history of him lying in court, and of him doing everything he can to keep 'our' finances from me might still be relevant to that?

 

[Amanda E]

In addition to @AllForHer's insights above, have a read of these LawAnswers Family Law Forum threads related to family law property settlements:

• "Property Settlement After Divorce Granted - How to Prepare for Court?".
• "Property Settlement if I Got a Divorce".