Reply With QuoteThings have changed over the last few years. They don't give away super that easy. My first ex tried in 2016 but it was rejected. I think it's even harder to get super now.Originally Posted by Abracadabra
Having girlfriend(s) are better. Going through one atm it sucks….
Things have changed over the last few years. They don't give away super that easy. My first ex tried in 2016 but it was rejected. I think it's even harder to get super now.
It's treated as property under the Family Law Act.
There are options between the parties as to how it is split and accounted for given in many instances it is a future benefit
Plus there can be instances where it may be subject to pre existing agreements or it may have been held in a trust which can result in different treatment.
The gov wouldn't want scorned women everywhere to be able to take half the nest eggs of their exes to spend on whatever they please. After all, what's going to happen is the gov will then have to pick up the bill to provide welfare to the now unable-to-fund-himself retiree in one way or another... Pensions, housing, etc. It just creates more oldies for the gov to support. I don't see how the gov would open the path for that to happen.
Chuckle Chuckle....
Wouldn't the government need to support the women who are now unable to support themselves?
The Government is already supporting all the single mums
Thats why first choice would be to give her the ex-husbands assets so the Government doesnt have to support her. Cheaper for them that way.
If super gets split then wouldn't it just be transferred to the wife's super account so she also can't touch it until her retirement age?
Well they'll get half of your assets, so there's that.
Child support for kids up to 18 plus the end of that school year. Say your child turns 18 in February and is in year 12. You will have to pay child support until they finish year 12. That was a shock for me.
As for super, divorced twice, never happened to me.
Four mates from school divorced after long term marriage with kids, kept all their super.
What was common in all our cases, we signed over the house to the ex.
Now the property I have under mum's name. Also in mum's will in trust as me as the sole beneficiary. When it's in trust, I'll say it's for my kids when I'm gone.
Financial agreements are not really binding if they have good lawyers.
Marriage is the most expensive punt.
Everyone’s situation is different but sometimes I wish I would have stayed just so I could be closer to the kids and just punted on the side. That would have worked but she became a nightmare, listening to her dumb as fuck parents. Anyway, we spilt and she is living on easy street until the youngest finishes school next year and then she’ll have to sell up because she refuses to get off her fat ass and work. There’s no way she’ll be able to furnish her loan without the child support, unless her parents die.
What shits me is that she has routinely bad mouthed me to the kids and affected my relationship with them. This is unforgivable. As much as I detest her, I never disrespected her to the kids. I don’t envy anyone starting down this road, especially if there’s kids involved.
It would seem your mates and you may have likely kept your super as your share (or part thereof share) of an agreed split with your ex-wives or a court decreed split of assets..... as did I. Super and the house are quite often the largest assets and can end up with one side of the other.
Either that or the super was somehow not declared or kept hidden?
But frankly, superannuation is part of an asset pool under the Family Court Act. It is identified as part of the disclosure process and can't legally be kept "aside" or undeclared.
From what I know this has been the case for quite a while ~ some time ago it remained with the super holder and out of the asset pool as it was often difficult to split, such as a managed fund.
It definitely applied and was a no brainer in my 2013-16 divorce process.
Good post mate! I have a lot of sympathy for guys like you...there is nothing worse than one parent poisoning the minds of the kids. Afew of my mates have gone through this and it is more about spite and revenge against them than having the kids best interests at heart.
Every case is different, but super is definitely counted as a part of the asset pool. Everything is, in my case they even included my alcohol collection and my coin collection (although the judge removed both because the collections were bequeathed to my children in my will). They also tried to include the children's bank accounts but the judge ruled that out as well because the ten years worth of statements I gave as evidence showed that there were never any withdrawals and only deposits.
The judges statement also indicated a 65-35% split in my favour was a more than likely outcome, so, as riff and his friends did I offered her the house as full and final settlement or take her chances on the day with the judge.
She accepted, and I got to keep everything else including my self managed super.
My level of sarcasm depends on your level of stupidity.
Its always difficult when kids are involved.
In the beginning she told them so many lies and filled their heads with so much hate for me that they would barely talk to me on my access visits. All I could do was calmly and without any prejudice towards their mother put my side of the story and finish by saying we were both at fault.
Slowly the younger two started to open up and talk to me I answered all of their questions, never blaming their mother and if I was at fault I admitted it. The oldest was much harder, she even told me she hated me and never wanted to see me again, so I put them all in the car and drove them back to their mother's place opened the door and told them if they wanted to go they could and they'd never have to see me again, but, they have to remember one thing. That I would always love them and if they ever needed anything I'd always be there for them. Only the oldest got out, the other two came back home with me for the rest of the weekend. About three months later I got a call from the eldest asking if she could come on the weekend with the others and we've been going great ever since.
My level of sarcasm depends on your level of stupidity.
So that's probably why we kept are super then.
It seems like it's the judge's discretion.
I even had a female judge but she was pretty good.
We had to go through remediation a bit later to sort out custody arrangements. Of course she wanted the kids more, means more child support for her.
You can't avoid child support unless you do a cash job.
Fuck that’s heavy mate, glad it’s all going good now.
Yes. This is how it works, based on how it was dealt with in friends of mine who divorced.
What's the going rate for a lawyer writing up a decent BFA?
What are the main reasons for getting divorced?
Number 1 reason = Financial issues
2. Infidelity
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