Gabrielle Canny

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283 appearances 1 recordings 1 series first heard Feb 2022 last heard Feb 2022

Gabrielle Canny’s voice in public audio — every appearance, attributed to the second.

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It might involve a calculation such that one side, one of the parties is going to get 100,000 and the other side, let's say each of them will end up with effectively 100,000 each, but someone will keep all their super and only get 20,000 in cash because they've allocated the share to the other party.
through another asset because you can't actually pull it out of super.
There are very strict rules about when you can actually access super and a marriage breakdown or a relationship split up isn't one of those situations.
But of course, if parties are close to retirement, then you can, or if they've actually started accessing the super, then you can split it because there's a lot of money sitting in those super accounts where people have been earning for many years.
And it may be, as I said, you had what sort of might have been a traditional relationship.
For older couples, the wife never had a job.
The wife, for example, was rearing the kids, running things at home.
Then the amount that's been built up in the husband's account will have to be shared to the wife one way or another.
But it's complex.
It is complex.
Easy when it's, as I said, each party early in the relationship, everyone's pretty young, their balances are about the same.
And then you usually agree, I keep mine, you keep yours.
That's when the balances aren't the same.
Long relationship that you really need to get some good advice.
try to sort of get to the stage where you're sort of accepting that the separation is happening and that you will be now moving on with your life and that a property can't be used to penalise the other party.
That's just not the way it works.
But also I have to repeat that if there are any children of the relationship, that will influence the decision in relation to the property because, of course, the children need a place to live depending upon what's been agreed in relation to
contact and who they live with.
It may be that there will be special needs in relation to those children and so there may be sort of well there could be expensive school fees that need to be paid that needs to be taken into account or there might be a child with a disability who will need sort of funding longer term and so the fact of children in the relationship does influence what happens with property and that's why as I say in those sort of early relationships without children much simpler
but it does get more complicated.
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