NSW Savings rights in a Divorce with no children

Discussion in 'Family Law Forum' started by MacDeveer, 19 May 2019.

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  1. MacDeveer

    MacDeveer Member

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    My husband and I are getting a divorce, however, after 5 years together, we have accumulated over $300k in savings, but he says the money is all his.

    When my husband and I got married, I worked and made significantly less than him. Me $60k him $120K. After two years, I quit my job and we started our own company. The company is still not profitable enough for me to support myself if he walks away, but for taxes reasons, the company is under his name.

    He asked me for a divorce and offered me $10K + my company. He wants to keep his super and our savings. He is insisting that he had those savings before we met and all of the appreciation of the assets are his too.

    I need help. I cannot support myself with only my company and $10K.

    We have no kids. I am a homemaker and entrepreneur. I have $12k in my super and I don't have access to a single cent from his savings.
     
  2. Tim W

    Tim W Lawyer
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    Get a lawyer.
    Press for 50-50 of everything.

    Go hard.
    Don't even bother trying to negotiate with this person.
     
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  3. Atticus

    Atticus Well-Known Member

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    I agree you should get together all the facts and figures you can and see a family law solicitor for opinion and to file for property orders...I would do this very discreetly, and I would be seeking some sort of an injunction on bank accounts to stop or limit proceeds being accessed by him... The first he should know of any of this is when he is served with your initiating application.
     
  4. sammy01

    sammy01 Well-Known Member

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    I'd warn against going for 50/50
    Have a read
    Dividing Property

    Look at step 2 on the website.
    It would appear that he brought substantially more into the relationship than you. Also 5 yrs is very short. So when I went through this a few yrs back. After a 7 year marriage I was informed that the inheritance the ex brought into the relationship should remain her's. And I had a substantial amount in super from before we were married. That should remain substantially mine.

    That said 10K and a un-profitable business doesn't sound like a fair deal either.
     
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  5. Rod

    Rod Lawyer
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    I agree with Sammy
     
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