It is not helpful to talk of screwing over your former partner, neither is it wise to try and engineer a bankruptcy. Please treat him with respect, it will pay off in the long run.
Yes you are entitled to share his super, to do this you should apply for a property settlement of all property, if there are no kids the rule of thumb is; if the marriage is of long duration each party gets half of everything. Over 5 years probably falls into that category. When there are kids, the parent that houses them for the majority of the time usually receives a greater share of the total assets.
When considering the value of household goods the price you would get selling them second hand is usually taken as the value, not the new price. Note goods that cost or are insured for a replacement value of $70k would be unlikely to fetch more than $10k second hand. Get a second hand merchant to give you a quote to establish a value. Same with second hand vehicles, get a price from a dealer to establish what it's worth.
Have you an order in place regarding the kids? If not it is possible that he may apply for equal care to avoid having to split all his assets with you, might be best to attend to this first, if not already done.
Thank you Joe.
There is no order in place for the children because we cannot agree on several things ie. He wants a half way collection point but he moved away so this is his problem - not mine, and how much time he spends with the children, other contact etc
Our current arrangement is he sees the children one night a fortnite. He only wants to see them more so he doesn't pay as much child support.
Can I do a property settlement without a parenting order?
If I don't apply for a property settlement within the 12 month timeframe, will I still be able to get his super?
You can apply for a property settlement without a parenting order, yes, but personally I think a parenting order is a good idea first. However nothing stopping you for applying for one along the lines of what has actually been happening at the same time. That way he will need to come up with some very good arguments to get something different.
You need that property settlement within the 12 months to have any chance at gaining a share of the super. There are mechanisms for out of time settlements but they are fraught with danger and expensive.
Firstly we don't provide information on how to "screw people over". Secondly, as mentioned by Joe, you would need to apply for a property settlement in which ALL assets of the relationship are factored in. Super is valued differently than other property, & may not even be splittable depending on the fund.
You will first need to send the superannuation company concerned a request for information along with a form 6 declaration that you are an eligible person to access such info... At that point I recommend you then seek professional legal opinion, because again, depending on the scheme, they can be valued quite differently.... It's highly unlikely that you would be able to claim half of the funds estimated value after just a 5.5 year relationship.
You also won't be able to access any funds that are subject to a splitting order until you reach a condition of release, usually retirement, because that's what super is for.
If you were to go be granted release prior to a bankruptcy, the funds would then not be quarantined from creditors, as it is when it's held by a super fund, so a great deal of it would likely go to those creditors
If you were to file for a property settlement, your husbands (assuming you have not yet divorced, if you have, you will need to file for orders within 12 months of the decree nisi) legal advice would almost certainly be to file for parenting orders at the same time given the extremely small amount of time he is spending with the kids.
Your argument that he only wants to see the kids to reduce his child support can be countered by the obverse, that you are restricting access to maximise your child support...
The manner in which you have both endeavored to form an agreement on more time may be examined, along with other factors...
The bottom line is that the courts point of view is that it's the child's right to see both parents & that that time should be sufficient for both parents to form & MAINTAIN a meaningful relationship... I can tell you that one night a FN falls way under the amount that a court would grant as a minimum...
So with regards to super, your first step is to send off that information request along with a form 6 to the super fund... I recommend in the interim that you both seek professional mediation in a an effort to reach an agreement on not only splitting super & assets, but some proper amount of time for the kids to spend with both parents..
Below is a link to the Federal Circuit Courts Superannuation kit which provides the necessary forms & info.
Superannuation Information Kit
jaazzz 2018-12-01 19:01:48