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Legal Forums » Compensation » Property Settlement.
Started Dec 24 2012, 00:33
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Dec 24 2012, 00:33
Greetings all. I'm just organising myself for property settlement after much delay. I am still in the process of court with regard to our children's care and stand to go to full trial in March.I am legally aided for the children's matters and now have been told that if I was to get legal help with property matters my funding for the children's matters would be dropped. So it appears that I go it alone at this stage. Ex husband has started mediation I am assuming that they will call me in next? Separation has been 2 1/2 years and divorce a year in March.
Long relationship of 13 years. Three children 15, 13 and 6. Two eldest 100% with me and youngest 65% with me.
Ex husband has made verbal offer of 60/40 of house and he says he won't touch my superannuation (78,000). Just waiting on appraisals of house but think it would be around $400,000 at it's highest.
We both worked part time I was teaching and he was doing markets but his work didn't provide much in terms of money it was more like a social outing. Care of children was always shared.
He came with nothing but 35 kg of luggage, I paid his way into Australia. No super for him as has never worked.
I have drawn $58,000 from my super to purchase house initially and ongoing withdrawals to keep us afloat. His parents gave us $32,000 to purchase our house. I had savings of 32,000 for house. Only ever had $40,000 mortgage.
I had all furniture and $30,000 car initially.
Both older I am 51 he is 56. He is now working 2 days a week labouring I have been unable to work for 2 1/2 years due to children's issues, caring for my father, health and stress. Did try to return to teaching for contract work but was too difficult with rural living, children and after hours work demands.Health was an issue.
Would or could I get more than 60 % due to having the children, my super loss or the vast disparity of what we had initially?
Love some help as I really don't want to spend years in court battling this one out!! Sorry if it's a little scattered. Cheers.
Contract ID#12637658
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