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Settlement Question

Looking for thoughts on where I stand in property settlement.

History was lived together in relationship approx 6 months before marriage and married less than 12 months before separation (have been separated years now). We have a young child in my full care.

Now he is pushing for divorce and settlement and has asked me to pay him a figure. My ex did not bring any assets to the marriage whereas I had property and all house contents etc. Throughout the marriage I paid the mortgage and all expenses (I have documented proof of this) and he sparodically gave me cash as his share He is also a heavy drinker and gambler and has racked up in debts from since our separation.

Does anyone have any advice on what an expected outcome of this situation could be should (ie what would courts see as share from the marriage although he contrbuted nothing) it be pursued or is it perhaps best to just settle with him to get it over with and what do I do to ensure he can't come back for more?

Last edit: by kizzy

Firstly kizzy you need to get admitted to this site and ensure your details do not alert the other side to your intentions and what is being shared with you.
Have you read the Start Up section and responded to requests. This is in your interests to do so.

I have read previously a judgement which parallels your case. There is case law which would inform you.
In essence your case being a very short term cohabitation could see you retaining your pre-marital assets. Also you might to be able to obtain a Spousal Agreement, or substantial 75(2) factors which support your case. The presence of the child in your custody and care is a relevant issue.
It is an imperative to ensure you have in safe custody your documentation in respect of all transactions. Evidence in regard to gambling in regard to how much was gambled in a specific period is advised to be collated.
When you are able to post in the confidential layers of this site your circumstances could be further considered.

Only if you falsely disclose to the court could he revisit a Property Settlement.

It is essential to develope a strategy that if possible allows a resolution through negotiations consent orders. If you can evolve a logical argument it could cause the father to appreciate that negotiations are the appropriate course. An appreciation on your part that the father has a role in the childs's life and that efforts on your part to facilitate that contact are in your advantage.

Be mindful that it is the interest of the child for both parents to have a communication which allows the child's interests to be catered for.

Last edit: by verdad


What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
Thanks

How do I change this to be private. I have joined as a member but cant find the start up section you mention. Any help to get this in a more appropriate place appreciated
Go to the top right hand side of the page, press community the SLR-Resources then follow the links.
It may take a little time to become a member but worth the security.

 
D4E said
Go to the top right hand side of the page, press community the SLR-Resources then follow the links.
It may take a little time to become a member but worth the security.
 
The 'Join SRL-R page' has been removed - because it was so out of date.

You will have to email to:

membership@srl-resources.com

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
My apologies kizzy and thank you Agog this dog can still learn a new trick I'll slot that one in  :thumbs:  
Thank you. I did find the link through the step 3 and sent an email.
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