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WA Property Settlement - Unfair Proposal?

Discussion in 'Family Law Forum' started by freshstartin2015, 16 January 2015.

  1. freshstartin2015

    freshstartin2015 Active Member

    20 December 2014
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    Hi I am wondering if this is this best way to get things sorted in a property settlement as currently ex has not responded to any documents by my lawyer. He has just not given me his proposal to look at though I have taken it to my lawyer as wanting to make sure I don't get an unfair deal as his income is well above mine. Throughout our marriage, my main role was stay at home mum of 4. I didn't personally respond to his proposal as I feel he will control the situation. This has been a long stressful situation.
  2. Tracy B

    Tracy B Well-Known Member

    24 December 2014
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    Hi Freshstartin2015,

    What is your question exactly?

    If you are asking whether it is best to let your ex husband control the situation, then that is really a personal choice/preference. If I were in your position, I would take an active role in the financial agreement and not let your ex husband dictate terms. However, it really depends on what type of person your ex husband is and what your relationship with him is currently like.

    In relation to what should be considered in your financial agreement, the answer is that all jointly held and individually held assets, including gifts and beneficial entitlements are included in a "shared pool" and can be divided between he parties. Your husband's income level, relative to yours, will be considered. As will the fact that you have been a stay at home mum for four children. Further, any future custody arrangements will be considered (i.e. who will be the primary caretaker) to determine who will share more of the financial and emotional burden from raising the children.

    If you are asking what you should do, given your ex husband is not responding, then the answer is, attempt to negotiate with him further, if he is still being uncooperative, you can apply to the Family Court for a financial order and/or a parenting order.
  3. Sophea

    Sophea Guest

    Hi freshstartin2015,

    Deal with your ex in whatever way you feel comfortable. As Tracey said, if you feel that by dealing in person with him he will control you, just let your lawyer handle it and refuse to deal with him without your lawyer present. Ultimately if he refuses to respond to and co-operate with your lawyer and negotiate - then the matter will have to go to a hearing and the court will likely take note of the fact that he is being difficult.

    The fact that you have made non paid contributions to the family being at home with your 4 chidlren will be taken into account by the court as valid and equal contributions to the family. This will not put you at a disadvantage in the property settlement. If the kids stay with you, this will also likely go toward you receiving a larger share of property because you have additional expenses.

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