Hi, looking for some clarity..
My partner and I are going through an amicable separation and are currently trying to account for our net wealth to consider how best to split our assets.
We have been together for 8 years and married for 3 years (27th Sep 2020).
My husband is a Canadian citizen and moved to Australia in July 2019.
We met in England and then started living together in Canada in 2016 (for 2 years then a year long distance before he moved to Australia and we started living together again).
I have had an Australian Super account since I started working when I was 18. However my husband has only had a super account since moving to Australia.
I hold a small retirement fund (like super) in Canada, and we are yet to confirm if my husband has one or if he elected not to open one.
As a result I have significantly more super than my husband.
I am seeking legal advice specifically to ask how much/ from which year should my super be considered part of our net assets. I feel that the entire fund should not necessarily count toward the net assets considering our circumstances?
I have read a couple of posts and it seems that the super earns during the relationship is likely to be what counts. IN our case I am wondering if that will be counted from the start of our marriage, when we both moved to Australia together, or when we started living together in Canada?
Any clarity would be greatly appreciated.
My partner and I are going through an amicable separation and are currently trying to account for our net wealth to consider how best to split our assets.
We have been together for 8 years and married for 3 years (27th Sep 2020).
My husband is a Canadian citizen and moved to Australia in July 2019.
We met in England and then started living together in Canada in 2016 (for 2 years then a year long distance before he moved to Australia and we started living together again).
I have had an Australian Super account since I started working when I was 18. However my husband has only had a super account since moving to Australia.
I hold a small retirement fund (like super) in Canada, and we are yet to confirm if my husband has one or if he elected not to open one.
As a result I have significantly more super than my husband.
I am seeking legal advice specifically to ask how much/ from which year should my super be considered part of our net assets. I feel that the entire fund should not necessarily count toward the net assets considering our circumstances?
I have read a couple of posts and it seems that the super earns during the relationship is likely to be what counts. IN our case I am wondering if that will be counted from the start of our marriage, when we both moved to Australia together, or when we started living together in Canada?
Any clarity would be greatly appreciated.
