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  #1  
Old 12-01-2011, 09:30 AM
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Default DIVORCE question

My mate is going through a messy divorce and is in the process of getting a lawyer, but in the interim I thought I'd post here, see if anyone who's been through similar shit can advise. He's just received some doco from his ex's lawyer stating he needs to attend a mediation session in court, the same doco also stated she wants 80%! Their financial circumstances are pretty even, so 80% seems pretty high.

- he's a tradie earning $60K
- she's an Admin Assistant earning $40K
- they own a $900k house with $150k mortgage (which he lives in & is trying to sell)
- they have two kids with 50/50 custody
- they were together 10 years

Would a court really grant someone in this position 80%? Also he cannot sell the house, she's insisting he drop the price significantly, can a court order him to keep on dropping the price until he sells the house? Any advice would be appreciated.

Last edited by perthzed; 12-01-2011 at 09:45 AM.
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Old 12-01-2011, 09:36 AM
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My advice would be to drop the price of the house so it sells as the market is only going to deteriate over the next few years. Or he ould end up losing an extra $200k+ like I did during my divorce, fuking GFC! That's the only advice I have as mine was mutual but I doubt she will get 80% unless there are other circumstances involved as the kids are split 50/50.

On a side note how the hell did they build that equity on those incomes!
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Old 12-01-2011, 09:43 AM
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Originally Posted by PIGSTi View Post
On a side note how the hell did they build that equity on those incomes!
cashed up pomme immigrants.
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Old 12-01-2011, 09:55 AM
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I got done for 75% with two kids
value of our stuff got split 50/50 then 25% went too the kids from my share which she spent
mediation can be good for reducing the lawyers bill if it can be sorted guickly between the two of them.....
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Old 12-01-2011, 09:58 AM
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The best/only thing he should do is get a good family lawyer and try and negotiate a deal without going to court.
80% seems very high considering 50/50 kids custody...usually in these cases 60/40 is a start point.

Consider DCH Legal (I used them...very good), O'Sullivan Davies (IWRXOC member is a partner), Marks & Sands or Hudson, Henning & Goodman.
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Old 12-01-2011, 10:07 AM
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WTF kinda tradie is only on 60k?
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Old 12-01-2011, 10:13 AM
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What area is the house in?

I'm looking for a house currently and am open to the idea of paying a lot less than what its worth.

PM me if your mate is interested.
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Old 12-01-2011, 10:22 AM
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Quote:
Originally Posted by nauli View Post
The best/only thing he should do is get a good family lawyer and try and negotiate a deal without going to court.
80% seems very high considering 50/50 kids custody...usually in these cases 60/40 is a start point.

Consider DCH Legal (I used them...very good), O'Sullivan Davies (IWRXOC member is a partner), Marks & Sands or Hudson, Henning & Goodman.
Yeah he's with Mark & Sands. The only issue is they are very $$ so he's only seen them once so far. His missus's lawyer is some Lionel Hutz character. I should scan in one of his letters,full of typos, spelling mistakes, grammatical errors.
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Old 12-01-2011, 10:22 AM
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Quote:
Originally Posted by mattmy99 View Post
WTF kinda tradie is only on 60k?
What are you serious? Heaps! Mechanics, cabinet makers, etc.
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Old 12-01-2011, 10:24 AM
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Quote:
Originally Posted by mattmy99 View Post
WTF kinda tradie is only on 60k?
Offically as far as the taxman is concerned it's $60k, more like $100k in reality.

Quote:
What area is the house in?

I'm looking for a house currently and am open to the idea of paying a lot less than what its worth.

PM me if your mate is interested.
Mindarie Keys
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