Are any AFF members in property law and could give me a little bit of advice????

GTP 044 · 05-10-2011, 05:21 PM

Hi everybody,

I am wondering if there is anyone on here that could please give me a little bit of advice regarding your property when a marriage breaks down.

Thanks in advance,

Greg.

V8GT · 05-10-2011, 06:31 PM

hey mate im a 3rd year law student..
what exactly do you whant to know, and i will have a look or point you into the right direction to get a answer
cheers

BAXR8_Ute · 05-10-2011, 06:46 PM

Hi mate, I'm not a lawyer but I have been through this situation only a few months ago. I may be able to give you some idea of what happens.

jaydee · 05-10-2011, 07:22 PM

[QUOTE=GTP 044]Hi everybody,

I am wondering if there is anyone on here that could please give me a little bit of advice regarding your property when a marriage breaks down.
QUOTE]

Bend over, grab your ankles and hope they use lubricant or whisper sweet nothings in your ear as you get shafted.

Sorry mate dont mean to make light of your situation but I've seen many marriage break ups and the bloke just about always gets screwed.

Unless there's no kids and you've both contributed 50/50 to the house/property (which was the case in my first marriage bust up and we split everything except I got the dog).

Good luck to you, and try not to involve lawyers if possible, they are the only winners, try and keep it amicable.

GTP 044 · 05-10-2011, 07:24 PM

PM's sent.

TZENU · 05-10-2011, 10:18 PM

Hey mate,

If your still needing some help my sis is a solicitor at a family law firm. She may be of some help to you

Robos F6 · 06-10-2011, 12:42 PM

Going thru it at the moment, you can do it yourself if your any good and dont mind a bit of reading. Remember, lawyers is a money making business and promise you the earth.

GT0132 · 06-10-2011, 01:52 PM

Quote:

Originally Posted by GTP 044

Hi everybody,

I am wondering if there is anyone on here that could please give me a little bit of advice regarding your property when a marriage breaks down.

Thanks in advance,

Greg.

In a nutshell the combined assets including super, cars, furniture, etc are split by x %.

The % is assumed 50/50 then adjusted up or down depending on

1. who has custody of any kids.
2. how long the marriage lasted
3. who contributed more or less (not just in terms of financial contribution, but also a homemaker contribution)

In my case my ex got 65%. I contributed significantly more financially but she has custody of our 2 kids. We were married 15 yrs and kids were 13 and 10. Split in 2007.

The asset that are counted for splitting purposes are those held at the time the financial settlement is done , NOT at the time you split !!!, so if you get a better job and manage to save money between the time you split and the time you settle, she'll get x % of that as well.....or worse any inheritences you get after separation and before settlement are included

My advice is to do it sooner rather than later

A much simpler process if you have no kids and both work.

While many will say the guy gets ripped, that may be true in most cases, but I've heard stories where women are ripped by their ex husband..Seems some like to hide assets, and downplay income to avoid child support.

**cs123** · 06-10-2011, 02:01 PM

Quote:

Originally Posted by GT0132

My advice is to do it sooner rather than later

Found this out the hard way. Do it now.

The Yeti · 06-10-2011, 02:51 PM

Quote:

Originally Posted by GT0132

In a nutshell the combined assets including super, cars, furniture, etc are split by x %.

The % is assumed 50/50 then adjusted up or down depending on

1. who has custody of any kids.
2. how long the marriage lasted
3. who contributed more or less (not just in terms of financial contribution, but also a homemaker contribution)

In my case my ex got 65%. I contributed significantly more financially but she has custody of our 2 kids. We were married 15 yrs and kids were 13 and 10. Split in 2007.

The asset that are counted for splitting purposes are those held at the time the financial settlement is done , NOT at the time you split !!!, so if you get a better job and manage to save money between the time you split and the time you settle, she'll get x % of that as well.....or worse any inheritences you get after separation and before settlement are included

My advice is to do it sooner rather than later

A much simpler process if you have no kids and both work.

While many will say the guy gets ripped, that may be true in most cases, but I've heard stories where women are ripped by their ex husband..Seems some like to hide assets, and downplay income to avoid child support.

I'm not nor have I been in this situation but I know some one who is, I think this post should be forwarded, thanks

gtfpv · 06-10-2011, 03:01 PM

aside from the law . if you havent decided the marraige is over . dont take action untill this is absolutely decided . thats the 1st fact that needs to be fact.
always resolve if you can , remember a lot of people do say do it now .
however everyone has some kind of not so great outlook on life regardless if they are married , divorced , single, 2nd marraige . etc etc . i just want to point out there are negatives in every circumstance. you will lose some good things from leaving the marraige too , they may be worth saving aside from all the bad . i dont know the circumstances at all . but remember stress can cloud peoples judgement too . there is a lot to be said for putting up with some crap ,and living ok . because life just isnt bliss in any situation . good luck . just wanted to put that across . wether its relevent or not i dont know . but just put everything aside for a minute and re read my post .
all the best .

GT0132 · 06-10-2011, 03:42 PM

Quote:

Originally Posted by gtfpv

aside from the law . if you havent decided the marraige is over . dont take action untill this is absolutely decided . thats the 1st fact that needs to be fact.
always resolve if you can , remember a lot of people do say do it now .
however everyone has some kind of not so great outlook on life regardless if they are married , divorced , single, 2nd marraige . etc etc . i just want to point out there are negatives in every circumstance. you will lose some good things from leaving the marraige too , they may be worth saving aside from all the bad . i dont know the circumstances at all . but remember stress can cloud peoples judgement too . there is a lot to be said for putting up with some crap ,and living ok . because life just isnt bliss in any situation . good luck . just wanted to put that across . wether its relevent or not i dont know . but just put everything aside for a minute and re read my post .
all the best .

Some very relevant points by Frank there.

It is always best to work things out if you can. However if it's well and truly over then get it sorted quickly so you can move on.

Many make the mistake of staying together for the sake of the kids. I was guilty of that , but honestly it doesn't work. The kids usually know when something is not right and it will only make it worse for them by staying together

One regret through splitting is that I have lost touch with most of the friends we made as a couple or the friends of hers that I got along well with and their other halves. I moved to a different suburb and just don't get to see the old crowd now - a mix of being busy and not being bothered. Some of us have been planning a night out for ages with no succees whereas in the old days we'd just do it

Sam_Boss260 · 06-10-2011, 04:16 PM

Quote:

Originally Posted by GT0132

In a nutshell the combined assets including super, cars, furniture, etc are split by x %.

The % is assumed 50/50 then adjusted up or down depending on

1. who has custody of any kids.
2. how long the marriage lasted
3. who contributed more or less (not just in terms of financial contribution, but also a homemaker contribution)

In my case my ex got 65%. I contributed significantly more financially but she has custody of our 2 kids. We were married 15 yrs and kids were 13 and 10. Split in 2007.

The asset that are counted for splitting purposes are those held at the time the financial settlement is done , NOT at the time you split !!!, so if you get a better job and manage to save money between the time you split and the time you settle, she'll get x % of that as well.....or worse any inheritences you get after separation and before settlement are included

My advice is to do it sooner rather than later

A much simpler process if you have no kids and both work.

While many will say the guy gets ripped, that may be true in most cases, but I've heard stories where women are ripped by their ex husband..Seems some like to hide assets, and downplay income to avoid child support.

Some awesome advice here...

My brother went through this, and this is pretty much what happened to him. Thanfully, when I divorced from my first wife we did not have any kids and we came up with the settlement ourselves and just handed the piece of paper to the lawyers to draw up.

conordec · 06-10-2011, 10:27 PM

My ex wife, here in hong kong, thought she knew it all.

Paid, $$ for a great lawyer, got smart, got sloppy.....

Woops, hong kong law luv.... you cheated? you get 0% with no interest.

Amazing what a bit of snooping can dig up.

Coulda been a whole lot worse though.

As mentioned, make sure you're straight in the head and tick all the boxes, and best of luck, it is NOT a happy time at all.