5 Comments Family & de facto law, financial agreements, consent orders
all assets are assessed on date of settlement.
Look you've posted 2 threads, which means each thread has different information.
40%? ok so what does 40% look like? What I mean what is the size of the asset pool? There are lots of other things that need factoring in and without the full picture it is hard to tell.
You're paying good money to a solicitor. I'd take their advice ahead of a punter like me anyday.
At the end of the day, if you're only arguing over a few thousand $$ it might not be worth the argument... But if it is 10's of thousands... Different story.
Ok, thanks Legal Guru,
The asset pool is 1.560,000.00, so we are talking substantial amounts here. But as I said, I have offered to take 40% under pressure. He wants to change the agreed pool of assets now that I have agreed to 40%. I think that's bloody unfair, you don't change the goalposts after agreeing to the rules of the game, particularly as I have already waived my right to 50%.
My lawyers say take him to court, you will win 50 if not 60% and given the amounts the legal fees are worth it. But this is from a legal standpoint only and does not factor in the 'human' issues.
Maybe I just want someone to say, 'hey, that's unfair, you caved and gave him 60 per cent and now he wants even more!
Because it is bloody unfair to my way of thinking.
I am between the lawyers and my husband. I initially offered 55% to him, but he said no, now I have offered 60 per cent and he wants to slice some more from this as well. So he feels like he's winning.
I just want a settlement between the two extremes.
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)[/QUOTE]
It can be any date that both parties agree to, however, as a general rule it is the value at time of settlement..
Although he may have had a portion of his super prior to the relationship, any notion of it being an assett that he brought to the relationship that warrants a quarantine from the pool has been eroded by time, & certaintly after 27 years the accepted split would be 50/50...
As it is still a joint financial assett, & is still in the growth stage, then IMO, & as a general rule, the value at time of settlement should be used..
If family pressure has you dropping your agreed split to 40%, then I agree it's pretty unfair to now expect you to drop further... Perhaps he's just trying it on & the family would agree?
You said "Maybe I just want someone to say, 'hey, that's unfair, you caved and gave him 60 per cent and now he wants even more! "
NO worries, let me help you. - Hey that is unfair... Take him to court. Let's just do one step at a time. Make the court application. Go for 65% go on dare ya. My thinking? Well he just might cave and make a new proposal prior to court which is closer to 55% or 50%. But without the pressure of court looming, he'll keep playing games.
I agree with filing for Court, my ex was dicking me around and I filed to take him to Court, where he very quickly caved and settled, as he didnâ€™t want anyone else to see his crazy on show.
As for the family stuff, thatâ€™s none of their business, because at the end of the day it doesnâ€™t effect them, so tell them to butt out.
Listen to your lawyer about whatâ€™s reasonable, ignore your exâ€™s tantrums and file the application, we will be here to hold your hand.
smurfergirl 2018-12-31 09:46:59