Divorce question

[J-Train]

Hey all, just a quick question for all you lawyer type guys/gals out there re: Divorce and how assets etc are divided among the two parties.

A girl friend is still legally married to her ex although they have been seperated for 8 months. I think you've got to be seperated for 12 months before you can serve divorce papers???

They split all their bank accounts, assets and house stuff at the time of separation, but as they are still legally married, is her husband still entitled to half of anything she picks up during the seperation period - for example, an inheritance?

She's stressing about it but i thought once they had agreed on the splits for things it was settled then and anything she earns/inherits in his absence is hers now?

 

[Tex_21]

Run to the Cayman Islands.

 

[Bouvet_Island]

Hey all, just a quick question for all you lawyer type guys/gals out there re: Divorce and how assets etc are divided among the two parties.

A girl friend is still legally married to her ex although they have been seperated for 8 months. I think you've got to be seperated for 12 months before you can serve divorce papers???

They split all their bank accounts, assets and house stuff at the time of separation, but as they are still legally married, is her husband still entitled to half of anything she picks up during the seperation period - for example, an inheritance?

She's stressing about it but i thought once they had agreed on the splits for things it was settled then and anything she earns/inherits in his absence is hers now?

AFAIK, you don't need to be separated 12 months to serve divorce papers. "Separated" is a vague term anyway - what if 2 people live in the same house but sleep in different beds, are they separated or not? If a couple are happily married but one of them works away for 6 months - are they separated?

But I also believe that until the divorce is finalised, that yes, she'll have to split anything she gets. She's still married to the bloke after all.



Happy to concede that other people may have a more definite answer, however.

 

[J-Train]

AFAIK, you don't need to be separated 12 months to serve divorce papers. "Separated" is a vague term anyway - what if 2 people live in the same house but sleep in different beds, are they separated or not? If a couple are happily married but one of them works away for 6 months - are they separated?

But I also believe that until the divorce is finalised, that yes, she'll have to split anything she gets. She's still married to the bloke after all.



Happy to concede that other people may have a more definite answer, however.

Hi Bouvet, I meant seperated as in they do not live under the same roof and have no regular contact with one another.

Wow, if what you say is true that's a bummer. So what's the point of earning at all in that period between seperating and being officially divorced if basically half of it would go in someone else's pocket?

 

[Radical Roo]

Marriage, oh dear, why must life be such a drag.

 

[JimDocker]

Hi Bouvet, I meant seperated as in they do not live under the same roof and have no regular contact with one another.

Wow, if what you say is true that's a bummer. So what's the point of earning at all in that period between seperating and being officially divorced if basically half of it would go in someone else's pocket?[/quote]

Try being divorced for ten years and still paying thousands a year in child support.

I agreed to a 70/30 split with my ex wife from the sale of our house as my lawyer told me that if it went to court, she would get 100%. This was because I had a well paying job and had the capacity to rebuild my life whereas she did not.(In theory). I gave her the family car and bought myself a Volvo for $200 to get to work and back. I had to get a unit and furnish it with second hand furniture that my family gave me.

We have both re married but she still wants extra money on top of the child support because she says she cannot manage on the $13 000 that I pay her each year!

There are a lot of grey areas in family law and I am no expert. I have kept things out of court for the most part because only the lawyers win in those situations.

 

[J-Train]

Hi Bouvet, I meant seperated as in they do not live under the same roof and have no regular contact with one another.

Wow, if what you say is true that's a bummer. So what's the point of earning at all in that period between seperating and being officially divorced if basically half of it would go in someone else's pocket?[/quote]

Try being divorced for ten years and still paying thousands a year in child support.

I agreed to a 70/30 split with my ex wife from the sale of our house as my lawyer told me that if it went to court, she would get 100%. This was because I had a well paying job and had the capacity to rebuild my life whereas she did not.(In theory). I gave her the family car and bought myself a Volvo for $200 to get to work and back. I had to get a unit and furnish it with second hand furniture that my family gave me.

We have both re married but she still wants extra money on top of the child support because she says she cannot manage on the $13 000 that I pay her each year!

There are a lot of grey areas in family law and I am no expert. I have kept things out of court for the most part because only the lawyers win in those situations.

Ouch JimDocker that burns. Credit to you for sucking it up and making the necessary adjustments to your lifestyle to move forward! Hope marriage has been better for you the second time around.

 

[cancat]

Basically everything is up for grabs until the settlement is signed by both parties.

I am not a lawyer but I have been through divorce. My advice would be to keep quiet any about any extra money she is coming into. Don't even tell your own lawyer. Open a new bank account for it.

JimDocker I sympathise with you. I have been there brother. I did LOL when I read about the second hand furniture etc. A girlfriend of mine has a name for it. NDD furniture. Newly Divorced Dad!

 

[Mcchawk]

Basically everything is up for grabs until the settlement is signed by both parties.

I am not a lawyer but I have been through divorce. My advice would be to keep quiet any about any extra money she is coming into. Don't even tell your own lawyer. Open a new bank account for it.

JimDocker I sympathise with you. I have been there brother. I did LOL when I read about the second hand furniture etc. A girlfriend of mine has a name for it. NDD furniture. Newly Divorced Dad!

Hi having aslo been through this.

If you do the highlighted and have to go to court. Kiss good bye any chance of getting anything. Declare a seperation date (that she also) agrees to. Chances of her then getting anything after this date will be very slim. But be truthful to your lawyer. Any surprises you pull on them and they'll be against you. (they'll still work for you but will be angry and rightly so, as no one wants to look like a doofus)

Bloody hard road to get back from and even worse if it involves kids. To put my in prespective I spent $110k (5 intervention orders she never showed up to one) I got 80/20 property (my barrister was awesome) and 50/50 time with my son. I've had to move from Glen Waverley to Craigieburn but I'm happy to have him in my life.

If you're in Melbourne and need legal advice PM I have a really good idea on how this all works now and probably things you won't even think about. Also I can suggest great cheap legal people.

Good luck, you'll need it

 

[JimDocker]

Thanks for the support guys.

And yes, marriage is heaps better the second time around. The key for me was not to get too bitter. My nature makes it easy for me I guess because I am fairly easy going. I have been with my current wife for for 8 years, married for 3 and she has been incredible support for me.

I certainly don't judge all women by the standard my ex wife displays.