SA Questions Regarding Separation and Property Settlement?

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24 May 2018
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Hi,

I'm currently separated after my wife of 9 years walked out. She has gone to a solicitor to arrange a separation of finance and assets and I’ve been sent an offer. While I don’t totally agree with the offer, any changes wouldn’t change the financial aspect of things.

I have 3 questions.

1. In mediation, before she went to a solicitor, I made her the same offer (near as, makes no difference in terms of money and who kept what) that she has sent me. I’ve been asked to pay 50% of the fees to draft the consent orders.

I feel as because I offered the same thing before she got a lawyer, why do I pay for her choice to go to one? I’ve remained without legal representation

2. If I did go with her offer, paying them to draft it, should I go and get my own lawyer to check it over? I would assume that as it’s submitted to the family court that it has to abide by certain standards and they can’t add loop holes that could bite me later?

3. I’ve found out she has a HECS debt that’s considerable. It was primarily gained prior to marriage and then added to without my knowledge (it’s not my debt nor had my name anywhere on it nor my education). She is trying to use this as leverage so I take more debt from the loan.

I see it as something I didn’t know about and shouldn’t be responsible for, especially as she never really has to pay it back as she chooses not to earn enough to pay it. Plus the loan is payable know, higher interest, more fees. Should I take that into account in our property settlement?

Thanks
 

AllForHer

Well-Known Member
23 July 2014
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1. It's going to be easier and cheaper to just pay the 50% than it will be to go to Court.

2. Yes, you should get a lawyer to check it over.

3. Whether the HECS debt is included as a liability from the marriage is dependent on various circumstances, but generally speaking, if the study which incurred the HECS debt didn't result in comparable employment (e.g. a career related to the degree), or wasn't in the repayment stage, or was incurred prior to the marriage, then the Court is reluctant to include it as a liability. Get legal advice, but you might consider pushing back to have the HECS debt excluded all together.
 
24 May 2018
4
0
1
Thanks for the answer, I suppose that it makes no difference that she walked out. She went to a lawyer and yet the offer was the same as I offered prior? On a side note as well, I assume her telling me (with witnesses present) that all her actions were done to purposefully hurt and cause distress also makes no difference?

1. It's going to be easier and cheaper to just pay the 50% than it will be to go to Court.

2. Yes, you should get a lawyer to check it over.

3. Whether the HECS debt is included as a liability from the marriage is dependent on various circumstances, but generally speaking, if the study which incurred the HECS debt didn't result in comparable employment (e.g. a career related to the degree), or wasn't in the repayment stage, or was incurred prior to the marriage, then the Court is reluctant to include it as a liability. Get legal advice, but you might consider pushing back to have the HECS debt excluded all together.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
I suppose that it makes no difference that she walked out.

Correct.

all her actions were done to purposefully hurt and cause distress also makes no difference?

Correct.

Personally I'd not pay the 50% of her fees. If it goes to court and you stay Self Represented (SRL) then chances are she'll pay all her own legal costs anyway which will likely be far higher.

Either have a lawyer look at the terms or someone with a sound head for finances. Bottom line here is if you are ok with the basic terms doesn't matter what other people think including lawyers. If you want to know your legal rights then you'll need to pay the information.