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Thread: Divorce Aussie style

  1. #1
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    Divorce Aussie style

    I am about to go through the process of divorce with my wife. Fortunately it is amicable and we have agreed on how our assets will be split. My wife has been told (by whom I don't know) that all assets (property) have to be sold (or split which would involve selling) before the divorce can be finalised.

    Ideally we would like to divorce and maintain joint ownership of the properties until about June 2016 when our fixed rate mortgage finishes.

    Has any of the learned BM's had any experience with something like this?

  2. #2
    Lamai Beach Bum Thai Dreamer ผู้เพ้อฝัน bacwaan's Avatar
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    you only have to agree on (and sign documents to prove) that you have come to an agreement on the division of assets prior to a divorce being be granted....assets can still be held jointly afterwards until such time as they are liquidated and the proceeds of the sale paid out according to the agreement

    any lawyer should be able to draw up this agreement for you (both) however you should use separate lawyers to go over and advise on it before signing

  3. #3
    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน Changone's Avatar
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    Simple. You delay the property settlement until June 2016.
    If it's all so amicable why the need for the immediate divorce? Just delay it.
    Is there any reason you just can't remain "Seperated" until then?
    You are entitled to order your affairs any way you like while still married.

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    Uber Star Soi wanderer Thai Dreamer ผู้เพ้อฝัน OZZYGUY's Avatar
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    I'm in a similar situation. You only need to sell property's if one of you cannot afford them.

    My advise would be to get a lawyer to do up an agreement ASAP while you are both getting on. When a new partner comes along some women get a bit funny and you may not get on so well.
    Changone and slampay like this.

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    Uber Star Soi wanderer Thai Dreamer ผู้เพ้อฝัน justcruzing1's Avatar
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    As Bacwaan said, you need to use separate Solicitors,...they also need to be Family court accredited, not just a normal solicitor.
    Most larger firms will have one in their employ.

    It is two different documents/process...The Divorce and The Property Settlement, so you could get a divorce without having completed the Settlement documents.

    I am assuming there are no child dependents.

    I agree with Ozzy, get the split documented now while things are amicable.

    It is common to have a Property settlement agreement, document specific's about when an asset is sold, set a date and specify things, like if she is going to remain living in the home, who is going to pay outgoings etc.
    This happens especially if kids are involved and you don't want them to have to move till finished school for example.

    I would get a lawyer, and then try to get your wife to use another one that is known to your's or vise versa, just better not to have someone on one side wanting to stir the pot and draw things out to pad fees, ro get one back on a rival.
    "Of course you love me darling, I handsome man 55555"

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    Yes it is indeed amicable. We even went to the football together today and to a family function. My wife knows that I have a TGF who I want to marry and don't want to wait until 2016. Thanks all for your prompt responses. I'll let you know how it goes.

  7. #7
    Foundation Member Thai Dreamer ผู้เพ้อฝัน Sydney's Avatar
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    5 years ago i left my partner of 17 years, all on fairly good terms, and we still own the family home together. I let her say there as i didn't want to mess up the kids to much with having to move, she has had cheap rent for the last 5 years but thats fine, it all worked out well for all, most importantly the kids..

    I dont agree with others on getting separate lawyers, in fact i strongly recommend against it.... things could go pear shape if she chose a lawyer with more then her interests at heart..

    We weren't married so a little different, but the one lawyer would be able to draw something up regarding the assets, get it down on paper before you both visit him, everything on paper clearly listed out with who gets what and any percentages if needed... this will save you heaps on money as then the lawyer is just transferring your paperwork into legal jargon...In fact my ex and me have 2 houses still together, i also had my business at the time of the spilt, be we worked this all out on paper before we visited the lawyer ..... is the property title in both names ?

    Our legal paperwork clearly and quite simply states everything about when we can sell and when we can't, the maintenance of the property, running cost etc, nothing that complicated.

    $ 2000.00 was all it cost to draw up and be approved by the family court. But yes get the divorce underway while things are rosy
    The only thing that will stop you from fulfilling your dreams is you.

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    Uber Star Soi wanderer Uber Dreamer ผู้เพ้อฝัน briofoz's Avatar
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    You can pay out a Mortgage early. To me its best to sell now, why wait, as someone hinted, things can change to ugly very easily, especially if a few of her divorced mates get in her ear.
    Changone likes this.

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    Foundation Member Thai Dreamer ผู้เพ้อฝัน Sydney's Avatar
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    Quote Originally Posted by briofoz View Post
    You can pay out a Mortgage early. To me its best to sell now, why wait, as someone hinted, things can change to ugly very easily, especially if a few of her divorced mates get in her ear.
    Depends on which city the property is in, could well be worth another 100K in 12 months time if the current trend continues....

    I have watched property's go up 200K here in Berowra where i now live, some have jumped that much in 12-18 months...its getting ridiculous
    The only thing that will stop you from fulfilling your dreams is you.

  10. #10
    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน Changone's Avatar
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    Quote Originally Posted by briofoz View Post
    You can pay out a Mortgage early. To me its best to sell now, why wait, as someone hinted, things can change to ugly very easily, especially if a few of her divorced mates get in her ear.
    Seen this dozens of times. All looks rosy until it doesn't.
    No time like the present. Good call Bri.

  11. #11
    Uber Star Soi wanderer Thai Dreamer ผู้เพ้อฝัน Stillearly's Avatar
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    Quote Originally Posted by briofoz View Post
    You can pay out a Mortgage early. To me its best to sell now, why wait, as someone hinted, things can change to ugly very easily, especially if a few of her divorced mates get in her ear.
    Breakage fee should be around 1-2% of outstanding amount

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    Uber Star Soi wanderer Thai Dreamer ผู้เพ้อฝัน Zablive's Avatar
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    Different rules in W.A. I guess.

    I sorted out the property side, and we jointly filed a Property Settlement with the Family Court, no lawyers and got a Court stamp on our handwritten addendum of a jointly owned asset which should be realized 3 years later.
    When she said she wanted a divorce 5 years later I agreed but she paid.

    I understand the OP wants to marry ASAP - but why?
    I haven't married my TG after 5+ years - I can't see what marriage would add?

    Most of the sh*t happens over assets - solve that first IMHO.
    OZZYGUY and TLandHim like this.

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    Uber Star Soi wanderer Uber Dreamer ผู้เพ้อฝัน Nomad's Avatar
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    Independent legal advice for each party is a requirement in many States of Australia, otherwise the family court does not regard your financial agreement to be binding.
    jontymate likes this.
    "Don't wait around for your life to happen to you. Find something that makes you happy and do it. Everything else is just background noise." George Mason

  14. #14
    Foundation Member Thai Dreamer ผู้เพ้อฝัน Minder's Avatar
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    Quote Originally Posted by Oldmanemu View Post
    Yes it is indeed amicable. ... I'll let you know how it goes.
    I note and appreciate that BM's have refused to mock or deride a member who posted on this board that his girl is different.

    Enjoy...
    jontymate likes this.
    Life is the unexpected ...

  15. #15
    Uber Star Soi wanderer Thai Dreamer ผู้เพ้อฝัน slampay's Avatar
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    Divorce Aussie style?

    Who gets the roo' ?

    Just kidding brother as anyone going through that crap needs backing. Good luck kid!

  16. #16
    Uber Star Soi wanderer Thai Dreamer ผู้เพ้อฝัน Dupree's Avatar
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    Divorce Aussie style?

    Dig a hole in the Outback and shovel to the head...easy...
    Quarky likes this.
    I just girl in bar. Buy me one dink?....

  17. #17
    Uber Star Soi wanderer Thai Dreamer ผู้เพ้อฝัน Zablive's Avatar
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    At least we don't have to argue over who gets the guns or the illegal house help 555!
    Minder likes this.

  18. #18
    Uber Star Soi wanderer Thai Dreamer ผู้เพ้อฝัน slampay's Avatar
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    Quote Originally Posted by Zablive View Post
    At least we don't have to argue over who gets the guns or the illegal house help 555!
    She can have the ' house help ' sorted, and I'm all good...55

    Easier to get illegals than guns here in Cali...

  19. #19
    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน jontymate's Avatar
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    Quote Originally Posted by Nomad View Post
    Independent legal advice for each party is a requirement in many States of Australia, otherwise the family court does not regard your financial agreement to be binding.
    This is worth listening to at a minimum and have the agreement registered with the court. You will find as time goes on the amicable arrangement is subject to change.

    When other factors arise. Such as repartnering. Child support if that is an issue. Interfering outsiders (Including the new partners) and their family and friends. Civil as possible and amicable. The devil is in the detail. Get that sorted and pay for it. The biggest lesson for me and I was under 30 for my first divorce.

    Up to my neck and a mentor said you can not afford not to do is correctly and do it now. Even back then is cost me $4k. Best money I spent and was actually gifted to me. The returns wore at that stage beneficial for him.

  20. #20
    Uber Star Soi wanderer Thai Dreamer ผู้เพ้อฝัน Zablive's Avatar
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    Once the Family Court stamps your jointly submitted Property Settlement it is a legally enforceable document.
    As mentioned before, in W.A. you are asked if you have had financial or legal advice but it is not mandatory.
    The ex saw a lawyer but quickly worked out she would be worse off than my offer.

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