Living in UK currently but moving back to Qld and getting divorced
#1
Just Joined
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Joined: Sep 2018
Posts: 1
Living in UK currently but moving back to Qld and getting divorced
Hi, I’m a boomerang POM (AU citizen) who will be returning from the UK to live in Qld later this year. The plan was to return with my partner as a couple, buy a home together and carry on life as a married couple. He has now informed me however that he wants a divorce and is no longer is living with me (he’s camping and couch-surfing).
I'm in limbo as my flight is booked for towards the end of the year (family commitments until then), but I want to sort out the financial settlement now. Most assets are in £’s, apart from AU super. I realise I could file consent orders now from the UK which he initially agreed to do, but is now dodging this and refusing to commit to paper. I’m concerned as he’s currently plainly spending money (in accounts I can’t see/don’t have access to) on ‘stuff’ for himself whilst I’m being frugal in trying to keep enough money fluid to buy a small property when I get back to AU. He insists that what he’s spending is ‘his’ money, but surely 50% of what he’s spending might be mine in a divorce settlement? His assets (vehicles, book royalties and. super) and current and future earning potential (back in AU) are much more than mine, yet he’s insisting on keeping the value of them, plus wanting a chunk of cash from the divorce: Cake and eat it kind of thing. He’s now ‘threatening’ a transfer of super to equalise super amounts, rather than allow me the cash difference as originally agreed, but this would mean though that I would not have enough cash to buy a property back in AU.
If a lawyer wanted to serve papers on him in the UK, it would be difficult as he is travelling around constantly.
Any advice please on what I should be doing right now?
Thanks all
I guess my dilemma is do I consult a UK lawyer (who won’t be familiar with Qld law or super funds) where a consent order would be lodged, or wait to see a Qld lawyer as soon as I return? It’s odd having assets split between 2 countries, and only temporarily being in 1, pending the international move back.
I'm in limbo as my flight is booked for towards the end of the year (family commitments until then), but I want to sort out the financial settlement now. Most assets are in £’s, apart from AU super. I realise I could file consent orders now from the UK which he initially agreed to do, but is now dodging this and refusing to commit to paper. I’m concerned as he’s currently plainly spending money (in accounts I can’t see/don’t have access to) on ‘stuff’ for himself whilst I’m being frugal in trying to keep enough money fluid to buy a small property when I get back to AU. He insists that what he’s spending is ‘his’ money, but surely 50% of what he’s spending might be mine in a divorce settlement? His assets (vehicles, book royalties and. super) and current and future earning potential (back in AU) are much more than mine, yet he’s insisting on keeping the value of them, plus wanting a chunk of cash from the divorce: Cake and eat it kind of thing. He’s now ‘threatening’ a transfer of super to equalise super amounts, rather than allow me the cash difference as originally agreed, but this would mean though that I would not have enough cash to buy a property back in AU.
If a lawyer wanted to serve papers on him in the UK, it would be difficult as he is travelling around constantly.
Any advice please on what I should be doing right now?
Thanks all
I guess my dilemma is do I consult a UK lawyer (who won’t be familiar with Qld law or super funds) where a consent order would be lodged, or wait to see a Qld lawyer as soon as I return? It’s odd having assets split between 2 countries, and only temporarily being in 1, pending the international move back.
#2
Lost in BE Cyberspace
Joined: Oct 2008
Location: Perth
Posts: 6,775
Re: Living in UK currently but moving back to Qld and getting divorced
You can consult a lawyer that is familiar/specialises in international law with an Australian understanding of procedures. I wouldn't think too hard in UK, but will be costly. Why not settle for 50% of total and be done with it? Otherwise it can get very messy and very expensive. Surely a local lawyer can advise you at minimal cost the best avenue to take?