Divorce Help from the Experts please!!
Dec 12th 2012, 5:22 pm
#16
Not actually a squirrel
Joined: Apr 2010
Location: England
Posts: 3,446
Re: Divorce Help from the Experts please!!
Pre-nups in Australia are now legally binding.
Dec 12th 2012, 5:37 pm
#17
Lost in BE Cyberspace
Joined: Mar 2008
Location: Sydney, NSW
Posts: 7,580
Re: Divorce Help from the Experts please!!
But I think there is a law in Australia which says that if a person was a dependent- and that means your income was supporting them ( they don't even have to be related) they will be able to claim support from you. This overrides any prenuptial agreements that you had, and also any wills should you die. It is to do with need.
Go to the UK to get divorced!!
Go to the UK to get divorced!!
Dec 12th 2012, 5:47 pm
#18
Not actually a squirrel
Joined: Apr 2010
Location: England
Posts: 3,446
Re: Divorce Help from the Experts please!!
But I think there is a law in Australia which says that if a person was a dependent- and that means your income was supporting them ( they don't even have to be related) they will be able to claim support from you. This overrides any prenuptial agreements that you had, and also any wills should you die. It is to do with need.
Go to the UK to get divorced!!
Go to the UK to get divorced!!
Well, not happy to be... but you know what I mean!
Dec 12th 2012, 6:24 pm
#19
Proudly Deplorable
Joined: May 2003
Location: Alloha snack bar
Posts: 24,246
Re: Divorce Help from the Experts please!!
Mr TE and I separated earlier this year. The assets in the relationship are all mine and I did, out of sympathy and goodwill, offer him a sum of money and a year living on my boat in Mackay to sort himself out. I saw my solicitor in the UK and he was of the opinion I wasn't legally obliged to give him anything as he signed a letter of intent that he wouldn't lay claim to any of my assets should we split up. Due to his actions lately I'd like to renege on my offer as I'm slowly realising he was cheating on me whilst I was away and I no longer feel any goodwill towards him.
I have sent emails confirming the sum of money I was prepared to separate with and wonder whether these have any legal standing - like a breach of promise? Does anybody know? I'd like to walk away and give him the middle finger.
I have sent emails confirming the sum of money I was prepared to separate with and wonder whether these have any legal standing - like a breach of promise? Does anybody know? I'd like to walk away and give him the middle finger.
Good luck
Dec 12th 2012, 6:25 pm
#20
Proudly Deplorable
Joined: May 2003
Location: Alloha snack bar
Posts: 24,246
Dec 12th 2012, 6:46 pm
#21
221b Baker Street
Joined: Jun 2010
Location: Miles from anywhere, Victoria, Australia.
Posts: 14,125
Re: Divorce Help from the Experts please!!
Just a thought. Can an Australian court end a UK marriage?
Also, from here: http://www.familylawcourts.gov.au/wp...vorce/Divorce/
"What a court considers in divorce applications
The Family Law Act 1975 established the principle of no-fault divorce in Australian law. This means that a court does not consider why the marriage ended.
The only ground for divorce is that the marriage has broken down irretrievably. That is, that there is no reasonable likelihood that you will get back together. You must have been separated for at least 12 months and one day in order to satisfy the Court that the marriage has broken down irretrievably."
Also, from here: http://www.familylawcourts.gov.au/wp...vorce/Divorce/
"What a court considers in divorce applications
The Family Law Act 1975 established the principle of no-fault divorce in Australian law. This means that a court does not consider why the marriage ended.
The only ground for divorce is that the marriage has broken down irretrievably. That is, that there is no reasonable likelihood that you will get back together. You must have been separated for at least 12 months and one day in order to satisfy the Court that the marriage has broken down irretrievably."
Dec 12th 2012, 7:48 pm
#22
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,837
Re: Divorce Help from the Experts please!!
Just a thought. Can an Australian court end a UK marriage?
Also, from here: http://www.familylawcourts.gov.au/wp...vorce/Divorce/
"What a court considers in divorce applications
The Family Law Act 1975 established the principle of no-fault divorce in Australian law. This means that a court does not consider why the marriage ended.
The only ground for divorce is that the marriage has broken down irretrievably. That is, that there is no reasonable likelihood that you will get back together. You must have been separated for at least 12 months and one day in order to satisfy the Court that the marriage has broken down irretrievably."
Also, from here: http://www.familylawcourts.gov.au/wp...vorce/Divorce/
"What a court considers in divorce applications
The Family Law Act 1975 established the principle of no-fault divorce in Australian law. This means that a court does not consider why the marriage ended.
The only ground for divorce is that the marriage has broken down irretrievably. That is, that there is no reasonable likelihood that you will get back together. You must have been separated for at least 12 months and one day in order to satisfy the Court that the marriage has broken down irretrievably."
The "year and a day, no fault" thing does make it easy as you don't have to prove anyone's errors ended the marriage, but divorcing in the UK can be beneficial from a financial point of view, even if it makjes it a bit tougher in other ways.
I considered divorcing through the UK but then having no assets it really made no difference. With property involved - especially UK property - I would say the UK would be the better way to go.
Dec 12th 2012, 10:14 pm
#23
BE Forum Addict
Joined: Mar 2009
Location: Valencia
Posts: 1,164
Re: Divorce Help from the Experts please!!
I dont understand at all why posters are suggesting that the OP divorces in the UK.
If the OPs husband wants a share of her assets and she wants to fight it it will cost her around £35k and upwards.
Legal Aid for all finished a few months ago with the process being handled by mediation where the mediators are hell bent on sharing the assets.
I respectfully suggest that the OP reads up on latest divorce rules and procedures and joins www.wikivorce.com and put questions on the forum as often they are answered by solicitors or those currently going through the process.
If the OPs husband wants a share of her assets and she wants to fight it it will cost her around £35k and upwards.
Legal Aid for all finished a few months ago with the process being handled by mediation where the mediators are hell bent on sharing the assets.
I respectfully suggest that the OP reads up on latest divorce rules and procedures and joins www.wikivorce.com and put questions on the forum as often they are answered by solicitors or those currently going through the process.
Dec 13th 2012, 7:14 am
#24
Lost in BE Cyberspace
Joined: Mar 2008
Location: Sydney, NSW
Posts: 7,580
Re: Divorce Help from the Experts please!!
I'm really hoping it is wrong too, but I know it is definitely right as far as wills are concerned.
Dec 13th 2012, 11:53 am
#25
BE Enthusiast
Joined: Sep 2009
Posts: 708
Re: Divorce Help from the Experts please!!
I was divorced in NSW Australia about ten years ago
At that time the advice I received was that she would get what she brought to the marriage table, I would get what I brought to the marriage table and all assets over and above our respective inputs, accrued since the start of the marriage / relationship would be divided equally.
She disputed this advice from both our solicitors and went to arbitration, the presiding judge confirmed the advice we had been given by the solicitors.
There were no children invoved and I thought this was a pretty fair decision.
At that time the advice I received was that she would get what she brought to the marriage table, I would get what I brought to the marriage table and all assets over and above our respective inputs, accrued since the start of the marriage / relationship would be divided equally.
She disputed this advice from both our solicitors and went to arbitration, the presiding judge confirmed the advice we had been given by the solicitors.
There were no children invoved and I thought this was a pretty fair decision.
Dec 13th 2012, 1:19 pm
#26
Possum. Amiculum. Latrina
Thread Starter
Joined: Jan 2011
Location: Footloose
Posts: 3,427
Re: Divorce Help from the Experts please!!
I was divorced in NSW Australia about ten years ago
At that time the advice I received was that she would get what she brought to the marriage table, I would get what I brought to the marriage table and all assets over and above our respective inputs, accrued since the start of the marriage / relationship would be divided equally.
She disputed this advice from both our solicitors and went to arbitration, the presiding judge confirmed the advice we had been given by the solicitors.
There were no children invoved and I thought this was a pretty fair decision.
At that time the advice I received was that she would get what she brought to the marriage table, I would get what I brought to the marriage table and all assets over and above our respective inputs, accrued since the start of the marriage / relationship would be divided equally.
She disputed this advice from both our solicitors and went to arbitration, the presiding judge confirmed the advice we had been given by the solicitors.
There were no children invoved and I thought this was a pretty fair decision.
Dec 13th 2012, 4:33 pm
#27
Officially Bewildered
Joined: Nov 2006
Location: Blue Mountains, NSW
Posts: 5,523
Re: Divorce Help from the Experts please!!
Good luck x
Dec 13th 2012, 4:44 pm
#28
BE Forum Addict
Joined: Jul 2007
Location: Sydney
Posts: 4,404
Re: Divorce Help from the Experts please!!
Or just wipe your hands of it and be done with it. Going through this process keeps him in your life when it sounds like, the sooner you are rid of him the happier you will be. Revenge is not the only answer.
Dec 13th 2012, 4:56 pm
#29
Joined: Sep 2005
Posts: 23,400
Re: Divorce Help from the Experts please!!
Good point Nige, you cant move forward if you have baggage of the past.
Dec 14th 2012, 12:33 pm
#30
Officially Bewildered
Joined: Nov 2006
Location: Blue Mountains, NSW
Posts: 5,523
Re: Divorce Help from the Experts please!!
It isn't necessarily about wanting revenge on them.