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Property Settlement - Husband Doesn't Want to Make No Financial Contribution

Discussion in 'Family Law Forum' started by Jacinta, 11 November 2014.

  1. Jacinta

    Jacinta Member

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    My husband has told an acquaintance that he will make sure that our property settlement will not be 50/50. He says that I put nothing in financially and have not done so during our marriage. Mind you I have paid the rates in our previous home which we jointly owned. Also made a beautiful garden and kept an immaculate home. Our current home is in both our names and we have a joint investment account.

    Should I seek family law legal advice?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Jacinta,

    Yes I would recommend that you seek legal advice, as you will need a lawyer to assist with either negotiating a reasonable settlement with your ex, or representing you in court proceedings to obtain a fair property settlement.

    It is usually best for a separating or divorcing couple to come to a resolution themselves, however if you cannot agree the court can divide your assets for you provided you have first made reasonable attempts to come to negotiate a resolution yourselves. There is no general rule whereby a court will award you 50:50. Property divisions will be assessed by the court on an individual case by case basis taking into account financial and non financial contributions of each party during the relationship and both parties' future needs. Based on an examination of all the evidence the court will make orders that it believes are "just and equitable" to both parties. So you do not need to be concerned that you have not made as much financial contribution to the relationship as your husband. The court takes into account not only earnings but improvements to the property you might have made or contributions as a homemaker or parent. In deciding how much each party should get, the court will also consider, how much each person could earn in the future, their age and health status, financial support of any children, responsibilities of looking after other people, and the length of your relationship.

    Bear in mind though that before you are allowed to file an application for such orders, you are required to follow 'pre-action procedures' this includes making a genuine effort to resolve the matter by way of family dispute resolution.

    Before signing any agreements or settlements that your ex puts in front of you it is important that you seek legal advice from a lawyer who has not given your ex husband advice.

    The Family Court and Legal Aid websites contain much information in this regard and are a great resource.
     
    Rod likes this.
  3. Sarah J

    Sarah J Well-Known Member

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