5 Comments Family & de facto law, financial agreements, consent orders
Okay at separation you have 10k, your ex 10k. You spend 10k on legal fees and at settlement have 0, your ex has 10k. The court treats your legal fees as if they weren't spent, so your ex gets 10k, I,e, half of 20k, your 10k is gone on legal fees.
Okay, say at separation you had 10k your ex 10k. You both work equal earnings, equal ages etc. . You spend carefully, your ex parties and dines out. Two years later when you settle, you saved 10k, and now have 20k, your ex still has 10k. If the basis is fifty fifty the court is not likely to touch your 10k savings and make a 10k distribution to your ex, reflecting that choice of spending.
Now, as above, but you earn 200k pa and your ex 50k pa and always have. You saved 60k in two years to add to your 10k, so now have 60k, your ex 10k. It's likely the court is going to make some adjustment to your ex on lifestyle grounds. In other words, she won't keep the lifestyle you had when together, but it's going to be better than when she met you. So, for sake of argument they give her 35k and you 35k, so you need to give her 25k because you will save and she will not based on income.
Just to illustrate the possibilities,