payout from work....

[kyro_02]

Hey, well my dad and mum split up like 2 years ago.... the only way they contact each other is by email .. they both have parters ... anyway... my old man is getting a pay out from his work and he was stupid enough to tell my old lady and now she wants half .. and she said she can legally get it ... one month ago, they signed divorce papers but have not submitted them ....

So is the old lady legally allowed to get half the pay out that the old man is getting from work?

This would put a strain on me visting my mother any longer as my old man worked his butt off all these years and gets a payout ... to to get my old lady getting half for what i think she doesn't deserve...

[EA2BA]

Well 1/2 is 1/2 in a divorce, wait for the courts decide who gets what, old lady is entitled to half his super as well.

[4.9 EF Futura]

Suprisingly complicated legal issue... but doesnt sound too good for your dad. Pity the divorce papers havent been signed yet - but may be some leeway from the judge as the process had started long before the payout.

But the legal system does favour women and has a tendency to rip hard working men off.

[EA2BA]

you can go back several times up till a point in time to claim money/assets, so wouldnt matter jack if the papers were signed, sealed and delivered.

[Charliewool]

Originally Posted by EA2BA

you can go back several times up till a point in time to claim money/assets, so wouldnt matter jack if the papers were signed, sealed and delivered.

Firstly there are "consent orders" (which embody the settlement) then a "form 11 court application" (which sets out the financial position of both parties) Once these have been agreed upon & signed by both parties AND the Family Court "rubber stamps", then there is NO recourse to ever go back for more!

[Mrs Coyote]

Originally Posted by kyro_02

This would put a strain on me visting my mother any longer as my old man worked his butt off all these years and gets a payout ... to to get my old lady getting half for what i think she doesn't deserve...

Can I just say that I'm sure that your mother put some work into the relationship/marriage and also the home life that enabled your father to go to work. I'm sure that she would be entitled to some of the payout and I think that you have 12 months from the divorce date to finalise any settlement details. It just depends on how much she wants to go for the jugular as to what she gets in the end. She would also be entitled to some of his superannuation.

Good luck this situation can get very ugly. My philosophy was you only take what you can live with morally. My ex husband got the new 4x4, camper trailer, cash payout, kept all his super and shares and I got the debt on the house which was a lot more than the equity but that is all I wanted a house for my kids. It just all depends on what you mother can live with. Lawyers told me I could do a lot better but was happy with my decision.

[EFIwindsor]

Originally Posted by kyro_02

This would put a strain on me visting my mother any longer as my old man worked his butt off all these years and gets a payout ... to to get my old lady getting half for what i think she doesn't deserve...

I would be telling my mother this...you need to be assertive and tell her how it is...Ie You don't deserve it, he worked hard to earn it and if you insist on getting 1/2 i will have do count my losses and break ties with you...

Thems my thoughts
Ben

[Black XR6]

Without knowing you or your family personally I think it is very hard for anybody to comment on wether or not she deserves the money. I understand how you feel but I would suggest you take a step back from your parents divorce. You are their child and have no understanding of what they went through for their entire marriage. Nor can you simply state dad worked hard for this and she dosnt deserve it as she no doubt worked just as hard at home raising kids and looking after the house and home life which gets taken for granted the majority of the time especially by the sblings because to them they are simply a mum who is supposed to do these things.

In the end its a very complicated relationship between all of you and I think although you feel this way now, you may not in future years and I would be trying to look at the bigger picture.

[kyro_02]

thanks for replies,

well i think this is just in my mothers side of the family but it seem's they do this sort of stuff..

there's nothing about court ... just the old lady threatend my dad that 'legally' she can get half ... so i think if it comes to it the old lady would take the old man to court ... but she doesn't have the money as far as i'm aware.

I was told that if in a relationship and you havn't been together for x amount of years then the other person isn't entitled .... vice versa

i'm not hating my mother, but just gets to me she wants half this is the only oppertunity in my dads life he can get what he wants with money... at the moment I know I don't see my mother enough but that's because i don't have transport.

[EA2BA]

Its a divorce, the divorce lawyer will work the case on the basis of getting paid at the end, as there is very little chance of her getting nothing.

[phoon]

Its a shame that these things never end nicely, theres always an ugly outcome, regardless of who's right and who's wrong.

[Outbackjack]

Only half???? The woman usually walks away with 80% in cases like this.

Tell your dad to bend over and get ready for it. And get used to it.

I wish him luck.

[pauljh74]

Wouldn't the time they separated count for anything? The divorce papers, although not submitted would have a date the documents were signed, so that would count as the documents were signed before your Dad got the payout.

Another approach is to ask his employer to hold off and get those divorce papers in quick smart. If he hasn't got the payout, she can't really claim it can she?

[eXi7w0unD]

should have signed a pre nup, how silly is 1 to be not to.. considering these days and half you u lose. lame.

[Laminge]

Originally Posted by eXi7w0unD

should have signed a pre nup, how silly is 1 to be not to.. considering these days and half you u lose. lame.

Try that again in English! :

[4.9 EF Futura]

Originally Posted by eXi7w0unD

should have signed a pre nup, how silly is 1 to be not to.. considering these days and half you u lose. lame.

Depending on the age of the member's parents.... prenups may not have even been a consideration at the time.

Not really an old fashioned way to go about marriage....

[brenx]

Originally Posted by eXi7w0unD

should have signed a pre nup, how silly is 1 to be not to.. considering these days and half you u lose. lame.

pre-nuptuals mean nothing in an Australian court of law ;) Why waste $ on a worthless piece of paper.

[charles_wif_xf]

Originally Posted by eXi7w0unD

should have signed a pre nup, how silly is 1 to be not to.. considering these days and half you u lose. lame.

Pre nups have no legal standing in Australia. They are an American institution.

[F6T]

Originally Posted by charles_wif_xf

Pre nups have no legal standing in Australia. They are an American institution.

There is actually provision under the Family Law Act and the various state de facto acts that allow two people to enter into a contracutal arrangement that sets out the rules and division of assets upon a breakdown of the relationship/marriage. Unless there are exceptional circumstances, Courts are bound by the terms of these agreements (i.e. they can not make a ruling contrary to what the parties agreed before the split up) unless this would result in a gross injustice to one party. They are not called pre-nups though. They are called relationship agreements in Australia or a co-habitation agreement.

They are not bomb proof, but in a situation where you just have an ordinary couple enter into one and 5 years later they break up without having had children they are pretty much water tight.

[blueoval]

Originally Posted by madxh96

There is actually provision under the Family Law Act and the various state de facto acts that allow two people to enter into a contracutal arrangement that sets out the rules and division of assets upon a breakdown of the relationship/marriage. Unless there are exceptional circumstances, Courts are bound by the terms of these agreements (i.e. they can not make a ruling contrary to what the parties agreed before the split up) unless this would result in a gross injustice to one party. They are not called pre-nups though. They are called relationship agreements in Australia or a co-habitation agreement.

They are not bomb proof, but in a situation where you just have an ordinary couple enter into one and 5 years later they break up without having had children they are pretty much water tight.

Thats why you have a lot that have a relationship but dont move in together. Pretty much having your cake and eating it too. :togo:

[GreenMachine]

Originally Posted by madxh96

There is actually provision under the Family Law Act and the various state de facto acts that allow two people to enter into a contracutal arrangement that sets out the rules and division of assets upon a breakdown of the relationship/marriage. Unless there are exceptional circumstances, Courts are bound by the terms of these agreements (i.e. they can not make a ruling contrary to what the parties agreed before the split up) unless this would result in a gross injustice to one party. They are not called pre-nups though. They are called relationship agreements in Australia or a co-habitation agreement.

They are not bomb proof, but in a situation where you just have an ordinary couple enter into one and 5 years later they break up without having had children they are pretty much water tight.

Exactly what I was going to say.

It beats the hell out of me why people ask for legal advice on a car-related internet site.

[brenx]

Unfortunately she may get more than 1/2 in fact. I separated for awhile from my wife. We intended to get divorced for various reasons. Women at this stage say one thing and do the other. They say they are being moral but in the end they take all. I don't know many men that have come out of it with much @ all.

My wife said we'd go 50/50 but in the end it was going to be 90% her and 10% me! We are together now but part of the reason why is obvious :( I dug my grave now I have to lay in it.

[Falcon_Phill]

What possesed him to tell her in the first place??

[brenx]

Originally Posted by Falcon_Phill

What possesed him to tell her in the first place??

My guess is honesty. Which you should never be when it comes to money when getting a divorce or are divorced. A mate of mine kept telling his Mrs his earnings. She kept ringing up Centrelink which in turn increased his maintanence payments! Silly silly man.

Best to hold your tongue.

[blackers10]

exi7w0ound .. in australia pre nups are absolutly useless.. they do not hold any legal standing in court etc.. (saw it on some mid day talk show)

they only mean somthing in america etc

[blackers10]

oops everyone else beat me to it LOL

[Polyal]

well drivorces suck *** end of story. Went through the same crap about 5 years ago.

My advice is stay out of it, its not worth getting involved.

Personally, if your mother stayed at home enabling your dad o work as much as he did then yes, she IMO is entitled to a bit; but I wont go into %'s as I dont know the whole story.

[kyro_02]

i'll tell a bit more detail

my mum decided to go on holiday to queensland (this was 5 years ago), so my bro's and I went as well.. leaving my dad home ... my mum met up with a guy(we'll call him boatboy, cause there was pics of him naked in a boat.. bad sight) there, she kept telling us not to say a word.. we got back from QLD and I couldn't cut it and told my dad.. shortly there after they split up, mum went to QLD to live with her mum...

so a year goes by, mum desperately wants to come back ... so my dad said alright we'll give it another try .. she came back, then 1 month after they got together again - they started arguing and she decided to pickup a date from the net .. she left with HER TV... good one it was..

this was all good for 5 years... then 3 months ago she asked for crystal, my dad not caring said take it ... cause she wanted it at the start but wasn't oppertunity for her to pick it up.

She never at any stage, cared about taking furniture or ANYTHING, apart from the crystal....

Old man gets payout, now because it's money.... she wants it ...

EDIT: at the start of my post I said 2 years, it's actually longer then that.. but as a round figure i said 2 years... it's more like 3-4 years since they broke up (second time)

[brenx]

doesn't matter whether she did or didn't work. In court the women still gets preference. My wife was earning more than me @ the time we separated and still continues to do so.

Originally Posted by kyro_02

She never at any stage, cared about taking furniture or ANYTHING, apart from the crystal....

Old man gets payout, now because it's money.... she wants it ...

As I said eventually all morals go out the window and they take all or most of what a man has. It seems to be the general nature of a women to leave a man destitute.

Originally Posted by brenx

As I said eventually all morals go out the window and they take all or most of what a man has. It seems to be the general nature of a women to leave a man destitute.

There are two sides to every story, not all women are bloodsucking and money grabbing. My parents spilt up about 6 years ago and mum left with only her clothes. They jointly own the family house and land which is of significant value and my father still lives there, my mum is entitled to half, and if she wanted could be charging my father rent for her half of the land however her only request is that he keeps the house clean. During the marriage they both worked full time and she actually contributed more to the house repayments, my mother is in no way rich and she works 12 hour days to pay her own rent and living exspenses. So not all women are after there man's money.

As for the the issue with the guys mother threatening to take legal action, there are so many contributing factors that would determine whether she is entitled to the money or not, I don't think it is a simple matter of the mother being greedy or hard done by. Hope it all works out and doesn't affect you or your opinion of your parents.