VIC Property Settlement Questions - new partner, false allegations, division of assets

Discussion in 'Family Law Forum' started by footydad2019, 11 September 2019.

  1. footydad2019

    footydad2019 Member

    Joined:
    11 September 2019
    Messages:
    3
    Likes Received:
    0
    I have been seperated from my wife for a little over 4 years. She is currently 35 and I am 42. We have two kids together (8 years and 10 years old). She lives seperately in a rental with the two kids who I currently see every weekend Friday-Sunday. We jointly own a house together which I reside in and this property will be sold as a part of property settlement. I have been solely paying the mortagage for the past 4 years and all expenses related to the house. I pay the prescribed amount of child support on time. I also pay for private health insurance for the children, pay for the extra cirricular activities - two sports, and pay for half their educational expenses. The parenting plan is due to change so that I will see my children for one over nights in week one and 4 overnights in week two so that she can have more weekend time with the kids. She works part time, two casual jobs, one she declares income to the ATO for and the other I am 99% sure she gets cash for ... she is working more ie. weekends etc but since taking the second job her reportable income to the ATO has dropped (which makes no sense). She currently earns about 40K per year. I currently earn 70K per years working full time, running my own business with a business partner - its a modest business where we meet the bills and can pay the wages week to week but we have no real profit (long story but business partner is resistive to growing and developing the business) - I currently have 5 employees which includes myself, the other partner, a worker and two apprentices. I have been in a new relationship for the past two years - my partner has two teenagers which she has custody of 100% of the time. She earns a decent wage of around 100K and fully owns her own home, a modest rental property (2 bedroom unit with rental income of $350 a week) and has some savings from an inheritance that she recieved from her parents when they passed away 5 years ago (approximately 700K in investments, bank etc). My new partner and I spend a lot of time together and stay at each others house 5-6 nights a week although she maintains her house, all her own financial affairs and all the bills for her house for her children to remain in although we have plans of buying a house together when financial settlement with my wife is complete. The financial arrangement with my new partner is we both look after and pay for our own responsibilities.

    Ok so the questions...

    Does me being in a new relationship factor in to the financial settlement I am going through with my ex wife? will they take my new partners assets and income into account? Will she be in any way financially liable during these financial settlement proceedings?

    Would there be any indication as to the percentage of division of the assets in financial settlement given the access split and the added financial agreements on top of child support already in place to cover the cost of raising the children

    And lastly ... when I started proceedings to complete financial settlement and divorce my partner has begun to make false allegations of abuse (just one incident apparently and completely untrue). What are the requirements for her to prove this has happened? Is there a way I can quash the lies straight out of the gate so we can focus on whats factual and important? How can these allegations affect property settlement?

    Thanks in advance
     
  2. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    3,497
    Likes Received:
    504
    Get divorced. From there the ex has 12 months to make a court application.

    While you live separate lives the new partner is just that. So no relevance.
    Asset division is a tough one... The fact that you're paying additional child support is your choice. Doesn't help your cause.

    Ignore the accusations. They mean very little especially if she is prepared to continue granting access to the kids. Petty stupid crap that is common territory in family law.

    Mate you wanna get this sorted asap, you should have got is sorted 4 years ago.

    If I was to pull a number outa no-where I'd suggest about 60/40 split to her.
     
  3. footydad2019

    footydad2019 Member

    Joined:
    11 September 2019
    Messages:
    3
    Likes Received:
    0
    Just when you think you covered all the bases ...

    Left out that we tried to negotiate a new parenting plan which she wanted revised when I asked for financial settlement in January. We went back and forth. Tried mediation. Failed, I would suggest because what she wanted was to continue to delay proceedings (she has asked me to delay for the last 4 years due to her rental being community rent controlled - no more than a 1/3 of her income and if she received a settlement she would apparently be asked to leave - lots of guilt associated with me being the reason the kids would be displaced). I engaged a lawyer and now she has also and we are starting financial proceedings and trying to finish the parenting plan which was 95% agreed too, the timing of the access was agreed upon, but no shock she wanted more money and that is where we reached a stalemate.
    Divorce forms have been filed and she is being served this week via her lawyer (hopefully) waiting to hear if they will accept service.

    So all those things have been done. Yes should of been done when we first separated and it’s going to be me who suffers financially having to pay her the current value of the house despite having an agreement in place she will accept the agreed value at separation.

    Thanks for your input
     
Loading...

Share This Page

Loading...
gt;