Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

Unfair and i feel lost

 Post Reply Post Reply Page  <12
Author
  Topic Search Topic Search  Topic Options Topic Options
emca01 View Drop Down
Legal Guru
Legal Guru


Joined: 20/July/2012
Location: Australia
Posts: 2146
  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 15/November/2017 at 18:29
You're going to have to get solicitors. It is not an option.... For any financial settlement to be legally binding both parties MUST get legal advice. IF you think she has been syphoning money then take it all. Better in your pocket than her's and at least you can then use it as an counter argument... She has taken $50k you have taken XXK. You're happy for the $$$ you took to be part of the equation ONLY if she accepts her 50K needs to be factored in too.

tolga View Drop Down
Newbie
Newbie
Avatar

Joined: 07/November/2017
Location: Australia
Posts: 7
  Quote tolga Quote  Post ReplyReply Direct Link To This Post Posted: 15/November/2017 at 19:22
first up, i have no proof thats shes siphoned 50K, im just going by the evidence i found in her car where sums were scripted by her accountant on a piece of paper that showed a sum of 50K deposit, minus taxes etc

i may be blind to the evidence, yes...but not sure, but still the sums dont add up...

i just been digging into the statements and i compared the figures received from the unit to the cashouts shes made for the 2016 - 2017 FY, and it look sus.

for example: if 6K came in from the unit, the cashouts equated to 5.3k withdrawals.

during my first amicable agreement i made with her, i stated that any and all income from the unit will be mine if she stays in the primary house on the bases that the primary house will be of greater value so its only fair for me to receive the income from there...

at 1st she didn't like the idea as she wanted half, I disagreed.

now looking at the sums, the siphoned money is closely adding up to the amount that has been coming in from the investment property.

i have spoken to and am considering to get a lawyer to oppose her original 70/30 (mind you it started with 80/20). im looking at 3k to do the response letter and 50.50 offer.

my mate has some investigator friend and has confirmed 99% proof that she has a solo account, how much in it, F*** knows.

ill be starting work next week so I'm thinking on the lines of getting my lawyer to do the response letters etc

any thoughts on this....much appreciated


tolga






Edited by tolga - 15/November/2017 at 19:27

emca01 View Drop Down
Legal Guru
Legal Guru


Joined: 20/July/2012
Location: Australia
Posts: 2146
  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 15/November/2017 at 19:49
yup you want solicitor to ask for full disclosure and that her offer is outside the parameters that you consider reasonable

Time101 View Drop Down
Newbie
Newbie
Avatar

Joined: 14/September/2017
Location: Australia
Posts: 25
  Quote Time101 Quote  Post ReplyReply Direct Link To This Post Posted: 15/November/2017 at 20:26
Hi tolga.
Thanks for the response.

I agree a lawyer is the best option.
If she has that type of money hidden .. what else isn't she telling you.

Frank and full disclose is what's needed.
A family lawyer will get the ball rolling and counter offer her proposal.

Keep all the prove that you found in her car. Photo copy it so you have a second copy.
Present everything you have to your lawyer. You'll be amazed at what you'll find. !
Don't question her about it as she's not going to tell you the truth. Get your lawyer to contact her lawyer.

As for the properties you both have... sell both man. Don't pay her out.. best option sell both.. pay what you owe on the investment property then divide what's left over. At least you can start fresh with some $$$

You stated in your first post that you got a redundancy from your mining work... what happened to the $$$ of that. Did she keep it ??

You might be able to even get it lower than 50/50 based on the fact that she's withdrawing money and it looks like it been going on for some time now.
Example statements from what you discribed above ..6k income from investment unit ..then withdrawals of 5.3k.. doesn't add up man.

Was she in charge of all the finances ??
I hope that you have your own bank account now !!!
Put a stop to her taking money out of the bank account .. call the bank or go into the branch.
Freeze the loan to an avarrage amount of takings. Eq no more than $200-300

All the best man.
Let us know what your lawyer says.
Keep us posted
Peace

Time101 View Drop Down
Newbie
Newbie
Avatar

Joined: 14/September/2017
Location: Australia
Posts: 25
  Quote Time101 Quote  Post ReplyReply Direct Link To This Post Posted: Yesterday at 11:08
Hi tolga,

Any feedback on your situation ?
Peace

 Post Reply Post Reply Page  <12

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.