3 Comments Family & de facto law, financial agreements, consent orders
Sorry to hear about your situation. To break it down:
1. If there are any assets of the marriage you are entitled to most likely 50% of them. I assume that the abortion went ahead on the third child? This could mean that you could claim some of the cash money - however it would likely be gone before you could access it.
2. You would not be able to receive any child support monies from him for the original child, only biological children or children where there is a long term pattern of care.
It sounds like you would be better off anyway with being without him - financially and emotionally if he has not contributed to the household income.
You will be entitle to 50 % of the increase in vsalue of your and his assets since marrying. The general rule of thumb is that for a short marriage, which yours is, you take out what you took in to the marriage and any increase in value during the marriage is split. So for example, if he owned a house before marrying worth $500 000 an it is now worth $600 000 then he keeps $550 000 (probably the house itself) and has to pay you $50 000 for your share. This includes all assets including superannuation.I am not sure of child support but I don't think he will be forced to pay as he is not the biological father.
wantpeace 2012-11-16 07:52:17
[QUOTE=manisha] My hisband did not pay for a single household bill in last 3 years since the time i moved in sept 2009 till sept 2012.
Manisha, I'm risking jumping to conclusions based only of what is in your post but doesn't matter - I think your husband's behaviour was disgusting and sorry you had to go through that.
If he EVER tries to claim that since you paid for bills from your account or your income and he saved all of his so he gets to keep it ..... he has got another thing coming and is sorely mistaken. Family law can be tricky to get your head around and what others have said so far is true (except for the 50% number said in an earlier post, your marriage is short so it is not 50%)..... but think of it in simple terms like this - If you spent money on bills from your savings or your income, you did it for the good of the family unit and the law recognises this. What it means is, you get to claim part of what he has saved. And why shouldn't you? He only had a chance to save it because you worked so hard.
Now one BIG piece of advice - yes you are likely to have entitlements and I think you might need the help of lawyers to obtain your fair share. Some lawyers will try and overcomplicate the situation for you because they get paid by the hour. Are you eligible for legal aid? Otherwise select a lawyer that seems trustworthy, you can understand what they are saying and you feel will get the job done quickly.
freeman 2012-11-16 11:04:25