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  1. #71
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    Quote Originally Posted by Nafsika View Post
    He is determined that I’m not entitled to anything because I bought nothing into the marriage.

    Which is true. I didn’t work.
    I’m not allowing him to intimidate me

    .
    This is completely incorrect that you are not entitled to anything as you did not work.

    If either of you had assets at the start of the relationship, they are "yours" still. So if he had 50k for the house deposit saved before he met you, he can claim that as his. Ditto if you had 40k in Super before you met him, that's yours (but not super earned after the marriage/defacto started).

    All assets that have been accrued during the time you were together are considered shared. Doesn't matter who has their name on the receipt/title (that's just for tax, company laws reasons etc). Regardless of who worked, who earned more and so on.

    Basically, the law sees a couple as a single unit and values the unpaid work, childcare and housekeeping, as well as the fact that earning less than your partner is often not a choice.

    They will look at all assets accrued while you were together, property or items purchased during the relationahip (doesn't matter if it could only be purchased because one of you came into the relationship with a deposit saved), superannuation, savings, the lot. That should all get halved (minus the pre-relationship assets).

    If he already had the house when you met, they have a way of calculating your entitled share, regardless of if you physically contributed money to the mortgage payment or not (because your unpaid work is seen as having value and contributing to his capacity to earn money). This may be less relevant now, but in the past they also used to take into accounts your capacity to earn money, eg. If you have been a carer/housekeeper for 10 years, that seriously impacts on your ability to earn money and build assets moving forward. His age could also be a factor here, as in he has less years to earn income and rebuild assets.

    It's important that you don't go in with a mindset that you didn't "contribute" because you were not earning income.

  2. The Following 2 Users Say Thank You to Stretched For This Useful Post:

    babyno1onboard (03-07-2020),Nafsika (03-07-2020)

  3. #72
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    Recording you without your permission is a no no but having said this you also know the cameras are there but what are his reasons

    His business is an asset aswell and any cash from that. By rights he has to lay out all of his assets and cash to you. Remember he never let you know anything about his business and there is always a reason for that

    His tools and trailer he can “sell” to one of direct family members for next to nothing and it is allowed then when your settlement is done he takes them back

    Your assets and cash will be apart of it aswell it won’t be left out

    I said earlier about if current dh I split what he would get

    But here’s the layout

    We met he had debt of $30k he now has cash and assets of $240k plus around $25k in super which isn’t much as his boss when he was an apprentice never paid a cent to him which he was to much of a moron to not notice until I pointed it out to him.

    I have the house $750k plus debt of $240k mortgage with bank and loan from my Sister Super of $150k cash of $45k but that is also held in trust in all 3 kids name. My car isn’t worth jack maybe $5k I was given it by my old I don’t do a lot of driving so it doesn’t worry me

    His buy out is $30k or there abouts

    We’ve known each for 10 years but he didn’t move in til I was half way through ds2 pregnancy that was my choice though

    The most a court has ever given anyone in Australia was 70% to a women in Sydney years and years ago she was in the 70’s and had never worked so her age was against her for furthering her career where as you time on your side being a lot younger and can have the chance to make a career out of something.

    With the police reports are they actual written reports and statements or are they interim reports. If interim they all need to be brought forward to a magistrate which for you the court would be the city If has hurt the kids it will play a part in custody but if he hasn’t he will get 50/50 with you it’s pretty much the norm now.

    I dated a guy before dh for 6 months then I figured out he had started to cheat so I said ta ta to him. What I didn’t know what the truth to why he split with his ex wife. He was using drugs (speed) and he was still appointed 40% custody of their son he now has 50/50 custody and still uses apparently. Mind you I had no idea he was on the gear at all as people adapt to it. That was the other reason I dumped him and ran

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    Nafsika (03-07-2020)

  5. #73
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    I went through freedom of information to get the reports. They are putting them in order for me & they will email me. I’ll have them just Incase I need to show them (to support my evidence)

    I know this is all dragging & I must sound like a pest. But honestly, thank you soo much for all of your support.

    *hugs*


 

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