The first and most important step, we will discuss at the end of this article.
The second step is to identify all the "matrimonial assets" that you own. The technical definition of "matrimonial assets" under the law depends on:
- whether you acquired the assets before the marriage,
- whether the assets were ordinarily used or enjoyed by both you and your spouse or one or more of your children while the two of you were residing together for shelter or transportation or for household, education, recreational, social or aesthetic purposes,
- whether the assets have been substantially improved during the marriage by your spouse or by the both of you, and
- whether you acquired the assets by way of gift or inheritance.
As you can see, whether or not your spouse can claim against an asset may depend on when you acquired the asset. Naturally, if you strike lottery after the divorce is over, your spouse cannot claim against your good fortune.
Thus, if you are able to control how much bonus your company will declare for yourself (and when), you must consider carefully before deciding.
Similarly, if you are able to control when a gift will be made to you, you should also consider carefully what arrangements to make.
The third step is, of course, to identify the assets which your spouse owns or which the both of you own jointly.
Once you have identified all the assets on both sides, the next step is to collect as much evidence as you can of your:
- "direct contributions" to the household which means paying money, eg., for the housing loan, household expenses, etc.; and
- "indirect contributions" which includes:
- financial contributions, eg., paying for the family's broadband,
utilitiesbills, or the children's enrichment classes; and
- non-financial contributions, eg., taking care of the children, doing the household chores, etc.
You should also gather whatever evidence you can to show that your spouse did NOT make non-financial contributions (or made less contributions), eg., NOT taking care of the children, NOT doing the household chores, or wasting his (or her) time instead, etc.
You should furthermore take action to boost your non-financial contributions as much as possible (eg., taking care of the children, doing the household chores, etc.) as this can significantly improve the final outcome for you.
The first and most important step is to call Lam & Co. now at 6535 1800.
It is vital that you understand: The more you delay, the more risky and more expensive the application may become.
For example, your spouse may have approached her lawyer first and may have started gathering evidence before you. This can adversely affect your case and it can cause you to end up paying more.
Call Lam & Co. now at 6535 1800.
About Lam & Co.
Here, we seek to appreciate and understand your situation and put your aims and objective first. We will use our tried and tested Lamnco Method (developed over more than 25 years of successful legal experience) and strive for the best possible outcome for you.