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my wife asked me signing up divoce paper within one week time

 
Deborah Awyzio's Avatar
  • Answered by:Deborah Awyzio
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Customer Question

my wife asked me signing up divoce paper within one week time otherwise she will ask her solicitor to do legal action but i think we solve our debts in both joint home mortgages as we both got responsibility to pay them.can i ask that which has legal ground?

 

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State/Territory: vic

Already Tried:
i discussed with her to get agreement.i concerned about that after she get divoced she may ofen go overseas and left repayment responsibility to me just one person and after sold properties she still wants her about 70% with my 7 year old son.

Submitted: 472 days and 8 hours ago.
Category: Australia Law
Value: AU$84
Status: CLOSED
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Expert:  Deborah Awyzio replied472 days and 7 hours ago.


Deborah Awyzio :

The divorce application is entirely separate to a property settlement. All that is required to obtain a divorce is that you have been separated for twelve months. Then there is one year from the date of your final divorce to finalise property settlement.

Deborah Awyzio :

The solution may be to agree to sell the properties now and put in the agreement who will be responsible for repayments and if that person does not comply with the repayments, the amount they did not repay is deducted from their share of the sale proceeds when the property is sold.

Deborah Awyzio :

You could finalise an agreement with her now that protects you in the event that she does not repay her share.

Customer :

she refuse to write any agreement wih me,how can i do further?

Deborah Awyzio : If you can't reach an agreement then you will have to commence proceedings for property settlement in the federal magistrates court
Deborah Awyzio : Have a lok at www.fmc.gov.au

 
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