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Property - initial contributions

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blue12 View Drop Down
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Joined: 18/December/2017
Location: Australia
Posts: 5
  Quote blue12 Quote  Post ReplyReply Direct Link To This Post Topic: Property - initial contributions
    Posted: 18/December/2017 at 14:48
Hi, Has anyone been through the courts recently and dealt with initial contributions? Have the judges changed their view? For example, if the initial contribution was 25/75 in favor of the husband, how would the property split be allocated after 5, 10 or 15 years if there were children (under 18) involved? Thanks.

Helpingafriend View Drop Down
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Joined: 20/July/2013
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  Quote Helpingafriend Quote  Post ReplyReply Direct Link To This Post Posted: 18/December/2017 at 19:12
It depends - how old are the kids and how much time do they spend with each parent?How old are the parties what future needs might they have and what are their current relative earnings and future earning capacities?

As I said - it depends

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
Posts: 613
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 18/December/2017 at 20:39
Initial contributions without a BFA will have less effect the longer the relationship has existed. A short relationship eg 4 years or less they will apply. A long relationship eg 10 years or longer they will have no effect. For time periods in between, without agreement between the parties, the chances are that the lawyers will gain a lot and the two parties very little.

Remember we are only talking about the actual cash value of the initial contributions, not a percentage of the current assets. eg if 75% of the initial input was $150,000 and the assets are now worth $1,000,000 we are only talking about $150,000 not $750,000

blue12 View Drop Down
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Joined: 18/December/2017
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  Quote blue12 Quote  Post ReplyReply Direct Link To This Post Posted: 19/December/2017 at 12:09
Do either of you mind if I privately message you instead? I don't really want to post all the details in case it gets identified.

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
Posts: 613
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 19/December/2017 at 12:13
Sorry, I don't answer PMs, and I'm no expert on the subject, probably can't give any more than the general answer above.

Try a law student at a community legal centre.

blue12 View Drop Down
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Joined: 18/December/2017
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  Quote blue12 Quote  Post ReplyReply Direct Link To This Post Posted: 19/December/2017 at 12:14
However, just a general question, has the treatment of initial contributions changed recently? I hear they are now giving back what both parties put in initially at its value at the time, not today's value. Whereas before, the time delay reduced the significance of the initial contribution and the split got closer to 50/50 as time went on (excluding all other factors). Has there been any recent decisions that anyone knows of?

blue12 View Drop Down
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Joined: 18/December/2017
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  Quote blue12 Quote  Post ReplyReply Direct Link To This Post Posted: 19/December/2017 at 14:12
That's ok citizen-joe. Thanks anyway.

Rastus View Drop Down
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Joined: 16/September/2018
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  Quote Rastus Quote  Post ReplyReply Direct Link To This Post Posted: 16/September/2018 at 21:57
I was under the impression that if it can be shown the initial contribution (eg rental property) was not a drain on the marriage finances for the period it was owned (eg 6 years in a 16 year relationship), it could be considered fruits of the initial contribution, and argued for consideration at its sale value... not its initial value at the time of marriage.

Is this incorrect ?

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 17/September/2018 at 11:06
In family law few things are codified, in the main case law applies. So if you wish to mount a case that is different to the generally accepted procedures, you better have deep pockets and the money you seek to recover better be worth it.

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