cjm

Hi all, I'm usually to be found on the France forum, but something has come up I wanted to see if I could get some advice on. Family stuff in Oz.
Husband walks out on wife leaving her with rent costs and debts taken out in her name. Husband now looking to renege on responsibility. Not wanting to share left-over costs from wedding. Lot of money involved. Four year loan to get through. He has money from estate of one of his family, so he's not broke. Is there a legal route she can take? Happy if you want to PM me.

Bermudashorts

If it is in her name, then it's her debt ... Assuming that they have not been married very long and have no children, then I can't see her being able to make any other claim for financial support.

This is not a legal or professional opinion, it is my guess.

JAJ

"Debts taken out in her name". It is not possible to take out debt in someone else's name ... unless you mean that she co-signed in the loans.
Either way, she needs to see a family law practitioner in her State/Territory immediately.

Also - you don't say if she's an Australian citizen, and if she's not, what her immigration status is. Scope for additional complications there.

cjm

Cheers JAJ and BermudaS. UK citizen, not quite at the point of being an Australian citizen; husband is Oz. She was the earner, took the debt on, believing, as one does, that time together would sort it out, both contributing to the home pot. Yes, a family lawyer is a way forward. But, as these things evolve, she now wants shut of him. The debt and bills she will carry.
She is working in education and wants to stay in Oz. Beggar of a time and my SOH is hurting. My post is about my having no idea of a way forward. I was looking for local knowledge.
Kind regards to you both.

JAJ

OK - if you want to help any further you need to see the facts, not hearsay. "took the debt on" means nothing unless she signed specific papers. Did she or not? Her lawyer will need all the facts anyway.

"Not quite at the point of being an Australian citizen" ... so is she a permanent resident, or does this mean something else. Makes a difference. Again, need to be specific in the answer. IF she is a permanent resident, then she has a visa of a specific subclass, would need to know exactly what that is.

cjm

Apologies for being a bit loose with facts. She is resident and paperwork is in her personal name; she was/is not far off qualifying as a citizen by residency.

john in oz

As indicated above debts are in her name then she is responsible for it. If a cash flow issue then she may have to look at debt restructuring so she can combine and manage her debts better - however be weary of those who advertise to do so as often it is under the bankruptcy act and this has some ramifications should she go down this route.

Your indicated she can manage things but if not she should talk to the credit providers to make an arrangement better suited to her for meeting her obligations

i hope this helps cheers

cjm

Cheers John. It's the things you do when all is rosie, the future is bright and together. You support each other, at at least one does, not even contemplating a disaster. I suppose it is the injustice, if I can call it that, of one of your family who has been dumped and dumped on from a great height. Living so far away, with Skype the link to see and talk. But, you can't give someone a hug over that medium. Mother is hurting and can't hold the daughter she raised .... apologies, emotions coming out.
I thank you for your advice, one and all.
Today we leave UK for a month back in France. That may help a little

john in oz

our sympathy goes out to you we went through a child's break up recently too - very emotional - Time will heal things and she will move on with her life at some point... all the best

Tramps_mate

If she was sole earner and the debts were manageable at the time, are they still manageable now for her? She may just have to suck it up and bite the bullet and carry on alone if she's desperate to get rid of him!