A member asked almost 9 years ago

Marriage settlement

Does any property bought into the marriage impact the devision of assets after 17 years?

Daniel Myers
Family Lawyer at Schetzer Papaleo

Dear Member,


The answer to your question will depend by much on the overall circumstances about the marriage including matters such as the nature and value of the property brought into the marriage, how it was used during the marriage (e.g. by that person exclusively or for the joint benefit of the couple), the current size of the property pool, and a whole further checklist of criteria to do with your current and future circumstances.


However, as a broad rule of thumb or guideline, the longer the duration of a marriage, the less weight and relevance the initial financial contribution will be. So, after a period of 17 years, the impact of the contribution may be quite negligible and have relatively little effect on the division, particularly if the value of the property was quite small in the first place. This is because there has been "too much water under the bridge" for the initial contribution to remain very significant. However, this really will depend on the particular circumstances, because no two cases in family law are ever identical, and there is always an inherent degree of discretion involved in any decision-making.




Suggested way forward

If you require further information, please don't hesitate to contact me here or 03 8376 7000
http://www.fgd.com.au/who/family-lawyers-melbourne/daniel-myers

Answered almost 9 years ago   Legal disclaimer

Thank

Hire lawyers to solve your legal problem now. Learn more

Other Questions


If you're experiencing any technical problems, please email techsupport@lawadvisor.com.