How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Brisbane-Lawyer Your Own Question

Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14359
Experience:  I did my law degree at the University of Queensland
17651911
Type Your Australia Law Question Here...
Brisbane-Lawyer is online now
A new question is answered every 9 seconds

i have been separated from my wife of 10 years since Oct 2012,

Customer Question

i have been separated from my wife of 10 years since Oct 2012, I signed over title of my property atXXXXXRedbank Plains Qld 4301, to allow my ex to secure a mortgage on the outstanding balance of $152000, , the property was valued by a registered valuer for $285000 leaving equity of $135000, I believe my share if that equity is 35% ($47250) because there is a child 9 yrs of age involved from the marriage. We agreed verbally that i would not force the payment of my share whilst ever my ex and daughter resided in the home and if either my daughter or ex ceased residing in the home or the home was disposed of then i would be paid my portion of the equity at separation. I will attend Fed Mags Court Bris, 19th Nov to finalize the divorce. what do i need to lodge or do to protect my interest in the property?? I don't want to force payment but i want my interests protected. any assistance is welcome thank you XXXXX
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane-Lawyer replied 1 year ago.
what do i need to lodge or do to protect my interest in the property?

You need you need to apply for Consent Orders from the Court using the Kit below. This should be done before the divorce order is granted because once the divorce order is granted you only have 12 months to make a property division application.

If your wife refuses to put this verbal agreement in writing through Consent Orders, then your best option is to show up at the upcoming hearing and tell the judge there are now unresolved questions pertaining to custody. The judge will then adjourn the divorce order.

Once that is done, you then need to make an Initiating Application to the Court for the orders you seek (which reflect the verbal agreement, or you can even ask the Court for more).

http://www.familylawcourts.gov.au/wps/wcm/resources/file/eb7d904c3b27c0b/AppConsentOrders_Kit_070612_V1.pdf

If she is willing to sign the Consent Orders, then the Court will approve the orders, and seal them with the Court's stamp at which stage the orders will become binding on both of you. That means breaching the orders would result in penalties, including jail for serious breaches.

Getting the wording on these orders correct is important. I recommend you make an appointment to see a family law solicitor to assist you with this.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14359
Experience: I did my law degree at the University of Queensland
Brisbane-Lawyer and other Australia Law Specialists are ready to help you
Customer: replied 1 year ago.

i have read through your answer and thank you for your reply, is lodging that form the only way of protecting my 35% interest in the equity. I am happy with the arrangements for my daughter and i don't want any claim against goods and furnishings in the property there are no other financial assets involved, i paid out all outstanding debts when i left. HP, rental lease agreements and visa and MasterCard total around $15000. I retired from the work force on the 28th Dec 2012 and received around $60000 in super as a payout , my ex has her own super and continues to make contributions thru her employer, this whole sorry saga has cost me a small fortune I already surrendered 2 superannuation policies ($46000) and used that money to pay down house hold debt, also purchased a motor vehicle which was basically for the exclusive use of my ex, she however wrote that vehicle off when she with my daughter in the vehicle deliberately rammed into my vehicle (which resulted in several charges and dvo being made by police), apart from tools of trade the only asset i have taken with me from the home is My vehicle a 2000 landrover discovery value $10000.The insurance on the written off Hyundai was paid to me i was the registered owner and the insured $10000 If there is any simple way to do this all i want is my 35% interest in the equity protected. To complete the form in the kit will open up a pandoras box and delay divorce proceedings which have already been adjourned from April until Nov

Customer: replied 1 year ago.

Sorry i should also add that i reside semi permanent in china, I am returning to Aus in October specifically to finish the divorce


I hope to obtain decree nisi on the 19th

Expert:  Brisbane-Lawyer replied 1 year ago.
is lodging that form the only way of protecting my 35% interest in the equity.

No. It can also be done through an agreement prepared by solicitors called a Binding Financial Agreement. Although, BFA's cost more and both sides need to have legal advice for them to be binding and enforceable.

To complete the form in the kit will open up a pandoras box and delay divorce proceedings which have already been adjourned from April until Nov

If you don't do it, then you risk getting nothing at all if the divorce order is granted and 12 months go by. You don't want her to treat you like a mug after several years of marriage. It was a good idea for you to seek preliminary advice from me on where you stand. At least now you know what you have to do to ensure your 35% interest is protected. Whether you actually take the steps to do it though is up to you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Deborah Awyzio

    Solicitor

    Satisfied Customers:

    859
    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/DA/dawyzio/2011-8-17_41631_Debheadshotfromfrontdesk.64x64.jpg Deborah Awyzio's Avatar

    Deborah Awyzio

    Solicitor

    Satisfied Customers:

    859
    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
  • http://ww2.justanswer.com/uploads/AU/AustralianLawyer/2012-8-24_122120_SeanPhoto.64x64.jpg Sean's Avatar

    Sean

    Experienced lawyer

    Satisfied Customers:

    837
    Law degree with 1st class honours from Australian National University.
  • http://ww2.justanswer.com/uploads/SE/section52/2011-3-4_91720_darrenkrusehs.64x64.jpg Darren Kruse's Avatar

    Darren Kruse

    Solicitor

    Satisfied Customers:

    16
    Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
  • http://ww2.justanswer.com/uploads/BR/Brisbane.Lawyer/2013-10-15_65512_ProfilePhoto.64x64.jpg Brisbane.Lawyer's Avatar

    Brisbane.Lawyer

    Solicitor

    Satisfied Customers:

    105
    Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
  • http://ww2.justanswer.com/uploads/MB/mbb75/Kylie at Makdap 500x500 pixels.64x64.jpg kmslegalservice's Avatar

    kmslegalservice

    Solicitor

    Satisfied Customers:

    18
    I have 14 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
  • /img/opt/shirt.png Patrick H.'s Avatar

    Patrick H.

    Lawyer

    Satisfied Customers:

    4168
    Dip Law LPAB - Sydney based lawyer
 
 
 
Chat Now With A Solicitor
Brisbane-Lawyer
Brisbane-Lawyer
Solicitor
14359 Satisfied Customers
I did my law degree at the University of Queensland