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By Diana
#16615
Hi there
I'm new in this.. just thinking of I'll have money from settlement and dividing assets will they take away my single mother pension ? My ex is happy to sell the property so we both can have money.. but he has job and will have money from settlement to put on a side. Oof they cut of my centerlink I will have to spend it all it will last year or two and then I start from 0 again... Any experience in that ?
Also anyone asked for financial disclosure on their own. I don't want to pay to laywer for that ...
I put ceveat on the property on my own but I'm not sure what's next .. I've been telling him I want to reach agreement and avoid the court but he says I'll be paying him money for delay s in his sale (the place we bought it's on his name but we bought it after got married. As I coudnt work he saying I d i dnt contribute to the household and I'm lucky he wants to give me 50% ... I know I'm entitled to more ... but how much more .. I've got 8 months old baby. No family here ) please share some advices
#16620
Hi :) Any payment to you re: pensions I would expect would be assessed on your income and assets......not your settlement. so Likely answer is no they wont take your single mother pension away. Check on the MyGov website as to what is the cut off for assets and single mother pension is. Or call Centrelink they will tell you the exact cut off in dollars.
You do not have to pay a Lawyer for financial disclosure. You can get Financial Disclosure if you decide to Initiate a case through the courts yourself. One section of Initiating a Case is submitting a Financial Statement. Once you submit yours.........there is a legal requirement for your ex (Respondent) to submit his Financial Statement. It is a legally binding and must be shared with you. The Family Court Website has all the Forms to Download. It is not hard if you follow the instructions. The Family Court are very helpful with instructions if you call them.
If the property was bought while you were married the ownership is 50 :/: irrespective of who's name it is in. 50 :/: is the usual split. Make sure you contact Child Support ASAP! Goodluck :)
#16629
Hi Diana,
I'm going through the same thing. He's still in the house we bought during our marriage. The 3 kids and I are in a rental. He works a full time job and I've been a stay at home mum for 15 years.
Due to that, my ex also claims I contributed nothing financially to the marriage or house purchase so he's only willing to "allow" me 50%.
We both have lawyers and will be going to court organised conciliation conference in August to try to come to an agreement. If we fail that, we go before a judge.
We have both handed over full disclosure and our affidavit's. His version of our 24 years together is very different to mine.
My lawyer is asking for 65-70% in property settlement