Huggies Forum

Property Settlement Rss

First of all a bit of background. DH left 5 months ago and has asked me to come up with what percentage split I want of out assets. We have 4 children ranging from 9 down to 18 months. They usually spend 6 out of 7 nights with me. I stay home to care for them and have done for the past 9 years. DH earns $155k plus bonus, car and 1% home loan. What percentage would you ask for in settlement. DH thinks 50/50 is fair. I think I have given up alot while supporting him in his career and earning that much it wouldn't take much for him to save any extra I might get in settlement. Also I need to make sure I can support the kids while I spend the next 3 years at uni. Any words of wisdom would be greatly appreciated.

hmmm go and talk to a solicitor, wont be as easy as 50/50
Hi

Been through this.

Basically, the court will sort it out after the childrens arrangements have been completed. They don't do property or divorce until the children have been sorted.

You can put in a request for a certain percentage, but you may not get it. If the court deems it too greedy, they will cut it down. If they think it is not enough, they may or may not increase it.

Have you applied for Child Support?

Not easy & nothing is a quick fix.

Wish you all the best with everything. Big hugs.
The kids are sorted. I have them 80%. At this stage we have agreed to stay out of court and are going to try to come to an agreement ourselves. I was just wondering what other peoples experiences were to help me decide what I should ask for.

You have the kids 80% of the time so you do the majority of the running around, school, sports, doctors etc

You cook, clean, shop, wash clothes, clean rooms for them the majority of the time.

You have put your career on hold while his has taken off.

I would definitely go for more than 50/50. Thats not greed, thats fair. You have made greater sacrifices than him and he gets to walk away with his $155k job, car and 1% LOAN and where do you get your income from???
I personally would go for a 70/30 split. You are maintaining majority care of kids whilst he works. You would gave given up your own career to have children etc. Unless he has 50/50 care of the kids I would be asking fir more than50/50 split
My advice (and in my former life I was a solicitor) - is to go talk to a solicitor - about the exact circumstances of your marriage and get them to give you advice based on that, as to what percentage of the property you would be entitled to. At least then, you'll have a clear idea of your legal position. You don't have to go through the courts to utilise a lawyer's expertise.

Chances are too, that you'll need a lawyer to draw up the financial settlement documents (to ensure they are binding, to discharge mortgages etc), so you might as well start off with the advice now to save time later (eg agreeing and then going to see a lawyer that suggests what you are getting is not what you should be entitled too).

I know it will cost money, and it may cost a fair bit - but think of what not going to a solicitor could cost you - you could miss out on what is rightly yours. Additionally, most solicitors, if they are assisting you, will be happy to wait until the property settlement is completed before asking for the bill to be paid. Alternatively, you could utilise a free legal service - I don't know where you are but if you google community legal centres - a list should come up and you can find one near you (alternatively many offer telephone advice).

Also, the other benefit that I see of having a solicitor involved, is if there are problems with enforcing the agreement (ie signing over an asset)- and there often can be delays - it's much easier to resolve.
Thanks for the advice. The fill in the gaps we have been married for 10 years and together for 18. I was 18 and he was 19 when we met so everything we own is a product of the marriage. I terms of my earning capacity over the next few years, I was rejected for a casual job at Coles the other day so pretty limited lol. I basically wanted to know if people thought it greedy of me if I asked for more than 50%

Iknow this may sound as a betrayal of my sex, but when i hear of divorce settlements that split things unevenly in favour of the woman i cant help but feel sorry for the man, i known of a few men who had been (seemingly) totally screwed over. My dh's uncle had OWNED his own home car etc, THEN met a women, they had two kids, then not too long after she left him, in the divorce she got the house and he is now living in public housing and cant afford much else.

Sometimes i think divorces should be settled like breaking a contract- who ever faulted on the contract (ie the person wanting the divorce/committed adultry etc) should be penalised (ie the smaller share). smile



My advice (and in my former life I was a solicitor) - is to go talk to a solicitor - about the exact circumstances of your marriage and get them to give you advice based on that, as to what percentage of the property you would be entitled to. At least then, you'll have a clear idea of your legal position. You don't have to go through the courts to utilise a lawyer's expertise.

Chances are too, that you'll need a lawyer to draw up the financial settlement documents (to ensure they are binding, to discharge mortgages etc), so you might as well start off with the advice now to save time later (eg agreeing and then going to see a lawyer that suggests what you are getting is not what you should be entitled too).

I know it will cost money, and it may cost a fair bit - but think of what not going to a solicitor could cost you - you could miss out on what is rightly yours. Additionally, most solicitors, if they are assisting you, will be happy to wait until the property settlement is completed before asking for the bill to be paid. Alternatively, you could utilise a free legal service - I don't know where you are but if you google community legal centres - a list should come up and you can find one near you (alternatively many offer telephone advice).

Also, the other benefit that I see of having a solicitor involved, is if there are problems with enforcing the agreement (ie signing over an asset)- and there often can be delays - it's much easier to resolve.

Agree wholeheartedly and it also means that he cannot come back later for more!
A solicitor is the way to go, this does not mean you HAVE to go to court, but it is best for proper legal advice. You do not want to sell yourself short!

My advice (and in my former life I was a solicitor) - is to go talk to a solicitor - about the exact circumstances of your marriage and get them to give you advice based on that, as to what percentage of the property you would be entitled to. At least then, you'll have a clear idea of your legal position. You don't have to go through the courts to utilise a lawyer's expertise.

Chances are too, that you'll need a lawyer to draw up the financial settlement documents (to ensure they are binding, to discharge mortgages etc), so you might as well start off with the advice now to save time later (eg agreeing and then going to see a lawyer that suggests what you are getting is not what you should be entitled too).

I know it will cost money, and it may cost a fair bit - but think of what not going to a solicitor could cost you - you could miss out on what is rightly yours. Additionally, most solicitors, if they are assisting you, will be happy to wait until the property settlement is completed before asking for the bill to be paid. Alternatively, you could utilise a free legal service - I don't know where you are but if you google community legal centres - a list should come up and you can find one near you (alternatively many offer telephone advice).

Also, the other benefit that I see of having a solicitor involved, is if there are problems with enforcing the agreement (ie signing over an asset)- and there often can be delays - it's much easier to resolve.


Totally agree!!!

I was stupid enough to settle with 31% of our property and 86% care of the kids.
PLEASE Do not make the same mistake i did and take the easy way out.
All i took was my car and a few household things (fridge and vac) I wanted it to be over but in hindsight i should have fought for 50% or more. I struggle now every week.

Make sure you go to a solicitor and get the orders done!!! It can be expensive but its totally worth it. Try and find a solicitor that will let you pay the fees off. I am still paying off mine from more than 12 months ago!


Im so sorry you are going through this, if you ever need a chat feel free to PM me.
If I were in that situation - I would seek the advice of a lawyer, but not necessarily require everything to then go through the lawyer. Just a sit down chat to go through the fine details and work out what your share should be based on workload/costs/childcare ect.

After you have all this info, then go back to ex and lay it all out in front of him and tell him this is what the lawyer advised.

If you then require him to get a lawyer, talk through them then it just gets expensive. It sounds like you are working through it fairly civily at this point so it's possible you could come to some kind of agreement without the courts.

As long as he understands you just want it to be fair when it comes to living expense and it's not out of spite/revenge, I would think he wouldn't get crapped off about involving a lawyer.

OR if you wanted you could both go to a lawyer together and talk it through.




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