Not divorced, separated in Australia

[Kenny202]

Split up with the wife in Australia about 6 years ago. We were legally married. Was initially a reasonable enough

split. My initiative. We did a proper legal and binding property agreement. Was witnessed signed and agreed to by

both our lawyers done and dusted. Not long after she got wind that I had another lady and then things became 

a lot more heated, which in some cases I may have deserved. To the point she legally changed her name, did all

sorts of stuff saying she wanted to disassociate herself from me. Fare enough. But much to my surprise, checking

about a month ago she has not filed for divorce. I assume she thought I wanted to marry the new girl etc etc.

 

I have no plans to remarry and in most regards it simply isn't worth me spending the $2000+ to get a piece of paper

annoled. Or is it? Again, the property settlement was very final and binding. House everything already been sold and

divided.

 

Does anyone know if she would have any claim on anything still being my legal wife should I die? 

[Kwasaki]

57 minutes ago, Kenny202 said:

Was witnessed signed and agreed to by

both our lawyers done and dusted. Not long after she got wind that I had another lady and then things became 

a lot more heated.

Does anyone know if she would have any claim on anything still being my legal wife should I die? 

Well in England she would have a claim, she is still your wife, dunno about Oz,  I got everything split divided at time of divorce that way my ex-wife had no further claims on me.

Your lawyer should of informed you of your position at the time.

[Henryford]

I presume she still has a claim on other assets, cash, pension etc. The pension is probably your biggest asset which if you are still married she would love to get her greedy hands on.

[Kenny202]

1 hour ago, Henryford said:

I presume she still has a claim on other assets, cash, pension etc. The pension is probably your biggest asset which if you are still married she would love to get her greedy hands on.

No. The financial property settlement is binding and final and mentions pensions and superannuation. It was in her interest to do that as she worked for the government and her pensions and super in that respect will be of far more value than mine.

 

In Australia the binding financial agreement must be done along with the divorce to complete everything. The divorce itself doesn't exonerate you from any financial responsibilities in fact I think either spouse has up to 2 years to make further claims.

[Yellowtail]

Were I worried about it, it would be worth $2K to me to get it straightened out.

 

Why didn't you file 6 years ago?

 

 

[Kenny202]

Were I worried about it, it would be worth $2K to me to get it straightened out.
 
Why didn't you file 6 years ago?
 
 

Well thats why Im asking the question. If there is nothing to worry about I wont bother. Ive retired at 48yo so that sort of money is important to me. Im pretty sure its more like 3000 by the way particularly if the other party makes it difficult. I left the country within a year of separating so impossible to do anything then anyway. To be honest the split was that acrimonious I didnt want anything to do with her at that stage

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[Yellowtail]

3 minutes ago, Kenny202 said:

Well thats why Im asking the question. If there is nothing to worry about I wont bother. Ive retired at 48yo so that sort of money is important to me. Im pretty sure its more like 3000 by the way particularly if the other party makes it difficult. I left the country within a year of separating so impossible to do anything then anyway. To be honest the split was that acrimonious I didnt want anything to do with her at that stage

Sent from my SM-J730GM using Thailand Forum - Thaivisa mobile app
 

 

Oh, I thought you indicated it was a reasonable split. In any event, It is likely something you want to get cleaned up, as it will likely come back and bite you, and it is not going to get cheaper and or easier as time goes on.

[AlexRRR]

Im fairly certain if your done a legal  property settlement its done and dusted...no more claims, I had issue with ex-wife a couple of years after my divorce when she asked me to take one of our children as she was having trouble with him he was with me about 3 months before returning to his mother, in that time I phoned my solicitor to see where I stood since she got the lions share of the settlement he told me flatly little to no chance making a claim against her, she was and is a fair soul she returned half my child support each month he was with me, pays to stay in the good books with your ex.....

[4MyEgo]

On 3/2/2019 at 1:58 PM, Kenny202 said:

No. The financial property settlement is binding and final and mentions pensions and superannuation. It was in her interest to do that as she worked for the government and her pensions and super in that respect will be of far more value than mine.

 

In Australia the binding financial agreement must be done along with the divorce to complete everything. The divorce itself doesn't exonerate you from any financial responsibilities in fact I think either spouse has up to 2 years to make further claims.

My x left me Anzac Day 1999 after 12 years, (happy days), we sold the property and split everything 50/50, no need for lawyers, until one day 18 months down the track a mate of mine who just went through his split said; you crazy and introduced me to his lawyer, who put everything on paper of what we did and agreed to and had her sign it in front of her lawyer and had it sealed by the court, otherwise I was advised that she could come back for more many years down the track, although there was a young child involved and custody papers were also sealed by the court.

 

I didn't file for divorce as I didn't want to pay the $750 so she did it, like I said, (happy days).

 

I would have thought your lawyer at the time would have advised you whether she could come back for more or not when you signed the docs, if not best call the lawyer and see if your covered.

 

I also believe you can do it yourself with a divorce kit for about $1,275 ?

 

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/fees-and-costs/fees

Edited March 4, 2019 by 4MyEgo