NSW Settlement Outcome Experiences

[Horrie]

Hoping someone with experience can provide some advice on what the Court may decide as a property settlement in my case.

Married 25 years, with no children. We separated a year ago and have been trying to agree a financial settlement since. Many delays from her side, including agreeing and then reneging on agreements on three separate occasions.

We came into the marriage with virtually nothing, but now have a substantial asset pool, including a fully owned house, super and cash at bank. I can prove, via tax returns that I provided 75% of the income to the relationship. The income disparity is because she has taken several career breaks and has only ever worked part-time. I have also provided most of the non-financial contributions and did most of the work around the home.

Since separation I have provided most of the financial contributions and am now paying for all of the joint household costs (we are separated under the same roof).

Based on the above, I have been seeking a small percentage split in my favour, but my ex-wife is holding out for a split in her favour, arguing that it starts at 50/50 and then she has ‘special needs’, as she is on a lower income. This despite the fact that her settlement will be substantial and she is on above average earnings. She refuses to settle on anything less than a split in her favour.

My solicitor says it could either way and I’ll be taking a risk if I file for Court orders seeking a split in my favour, plus the extra time and cost to resolve. But I can’t bring myself to offer her more than 50% of what I mainly earned. Plus any more than 50/50 and I will lose any chance I have of buying her out of the home.

Any thoughts? Does anyone have any experience of cases where the greater contributor was looked after by the Court? Or is 50/50 the best I can hope for?

 

[sammy01]

Ok so do a google search for asset division and divorce..
So one factor that suxs for you is that she has a greater need because her earning capacity is less..

What % split is she proposing and what does that mean in $terms.hypothetically.. is it worth you both spending $30000 each on solicitors for the sake of winning the %argument? Please consider adding a $value to the equation to factor in the stress...

If it is about objecting to her getting 51% .-you are arguing about next to nothing in the big picture...

 

[Rod]

Suck it up and give her the win at 51/49. She has a good argument and will be repeating what her lawyers are saying. So offer something in her favour or go to court. Delays are costing $000s anyway. If you can prove you earn more (ie contributed more) AND do most of the household chores, not maintenance (contributed more), then you have a shot at something in your favour.

Sounds like you are getting good advice from your lawyer. Listen to them. Either fight for a principle that might not be supported in law, or suck it up and negotiate something closer to what she wants.

In the meantime ... she is taking you for a ride while she extends and extends. She has no incentive to settle now while you are paying everything. Change the dynamics - tell her you are not going to pay gas and electricity. She may change her mind when the lights go out or she has to take cold showers.

 

[sammy01]

wow slow down there Rod - What your suggesting could be considered economic abuse and it is a form of domestic violence and could give her the opportunity to get an avo and have him removed from the house... He will then have the set up where he either continues to pay the mortgage on a house he can't go near, or lose it to the bank... BUT an avo would put her in a position where for the duration of the avo she can do nothing and enjoy living in the house at no expense.

Get advice from a solicitor on what is a reasonable asset division... Post some rough figures here, get a few opinions to give you some understanding

Learn the rules - so for example courts are not interested in who did the majority of the housework - So you can waste thousands of $$$ proving that you mowed the lawn, washed the cars and did all the laundry and as such you deserve more $$$ - but it doesn't matter

 

[Rod]

Any economic abuse here is likely being done by the other party. The OP is entitled to have the other party contribute to the running of the household. No different to a share house. Given both parties have ownership in the house and live in the house it is reasonable for one party to refuse to pay all running costs when both parties work.

Recommend getting the divorce asap if you don't already have one. Start the clock ticking on the 12 months period to settle property matters. Might be to your advantage in having the 12 months period after divorce expire and have the other party denied use of family law courts. Though keep in mind they have the discretion to allow property cases after 12 months. Talk this over with your solicitor.

Case of Beddoe & Turnley [2017] FAMCA 279 indicates just owning a property together can be sufficient reason to get leave to have the case heard.

 

[sammy01]

Ok Rod, so one party walks into the cop shop and says the other party wont pay half the bills.... AVO? NOPE... Another party walks in to the cop shop and says their partner has made them live without electricity, gas, forced them to live without hot water... etc... AVO...

So to make such a hypothetical work, as they are still living together - he could remove fuses for electricity while he is not in the house, or what ever... But it just gets messy....

Plan B - Apply to court - Story time... WE did mediation, she had legal aid, I had solicitor - agreements made, documents written up, refusal to sign, she wants this changed, that added. Changed her mind, wanted a second opinion - Goal posts moved this way and that. Every time it cost money.... Now kids were involved in my case. BUT with hindsight applying to court earlier would have been prudent... The reality of court being imminent - or even just getting a court judgement -might have been worth it just to get the thing done...