by Bluegreen  30/12/2018  319 Page Views
5 Comments  Family & de facto law, financial agreements, consent orders
We have been separated a year and are in the midst of a really ugly settlement. I have used legal channels, he has used family members, lies and exaggerations.

I am desperate for it to end and have said I will accept 40% even though my lawyers say I am legally entitled to 50% and a judge would not hesitate to award me this after 27 yrs.

But the family involvement has pushed me to have to make a choice between family and my rightful entitlement. My circumstances are such that I really don't want a family rift over this.

So having got me to agree to 40% he now wants to renegotiate the agreed value on the non-super assets. And wants the super split based on current value, rather than the value a year ago.

My question is this ... (the superannuation laws are pretty complex and hard to work out. But I hope for general advice here, rather than specific)

Is the Super split assessed on the date of separation? Or on the date of settlement? (super is in the growth phase and is our most significant asset)

Thanks for advice