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NSW Separation and Property Settlement - Can Ex Take Me to Family Court?

Discussion in 'Family Law Forum' started by syd_88, 18 September 2015.

  1. syd_88

    syd_88 Member

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    I have been separated from my ex partner for 1 and a half years. A couple of months after our separation, we split all our money we had saved together. A month after that we split our furniture we had in storage (as we were living with their family at the time). We had no other assets and were only married for a short period of time. Does what I described classify as a mutual property settlement and no further action is needed or can my ex partner take me to family court and try to claim for half of any assets I have gained since?
     
  2. Sophea

    Sophea Well-Known Member

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    Did you put your settlement in writing? Such as in Consent orders? or a Property Settlement Agreement? If not then, technically yes he can take you to court to decide the property settlement between you, however the court will take into account the fact that certain assets were acquired by you after the separation and may or may not be included in the settlement pool.
     
  3. syd_88

    syd_88 Member

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    Thanks for your response Sophea.
    There is nothing in writing, although in both our affidavits we both put down that we split our belongings on a day at storage king. I really don't see how my ex could go through with a property settlement as we have nothing to settle except for what we have acquired after storage king. We didn't have any assets really.
     
  4. syd_88

    syd_88 Member

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    I forgot to mention that a work colleague mentioned that because we formerly didn't make a settlement that my ex can go for anything i have obtained since, hence why i am asking for some sort of confirmation.
     
  5. Sophea

    Sophea Well-Known Member

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    Yes, it is not compulsory to formalise your agreement about property, but it is recommended because it can assist you in dealing with organisations such as banks and you also need it if you are trying to get an exemption on stamp duty if transferring real estate to one party. It can help prevent your ex making a claim against you in the future, which yes technically he can do, but it would be a costly exercise for little gain - based on the circumstances you have described.
     

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