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Brisbane.Lawyer
Brisbane.Lawyer, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
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Leon We completed 2 years on 8/05/2015 and we already sent all the final paperwork, si

Customer Question

hi leon
We completed 2 years on 8/05/2015 and we already sent all the final paperwork, since I sent that, my wife started to get nuts and be aggressive on middle of my friends, I could not handle and I left home.
what should I do?
regarding the property settlement, I'm buying a Unit, how this would work?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane.Lawyer replied 1 year ago.
Hi, I am playing catch up here... as I assume you worked with Leon on your initial query. So please fill in the blanks for me.... Completed 2 years - of what? marriage? separation? What final paperwork are you referring to?
Customer: replied 1 year ago.
march 2013 we applied for Defacto
May 2013 we applied for her visa
May 2014 I purshased Unit of the plan 48k deposit
Sep 2014 we gott married in Vegas
may 2015 we sent her final paper work (tru relashionship)
jun 2015 we broke up
next week the unit will be delivered, I need to give anothe 48K plus 388K (bank)
Expert:  Brisbane.Lawyer replied 1 year ago.
Thank-you for the additional information. There are two property settlements here.. 1. for the property (unit bought off the plan);and 2. to divide your combined net assets between you both... as part of your separation. What name is ***** ***** to purchase "off the plan" in?I assume yours alone, please advise if this is not the case. Is her name on the bank finance application?If not.. it is your responsibility alone pursuant to the "off-the-plan" contract to settle. The sooner you reach a binding property settlement regarding your separation, the better. Please let me know if you need help with this... it is a complex process, and it must be done correctly. If you are unable to agree and sign a BFA with the mandatory assistance of lawyers (if they are not involved any agreement is not binding)...you have 2 years from the date you separated to apply to the Court (without the need to seek the permission of the Court or explain the delay).. for agreed consent orders or for the orders you want and are unable to agree to... You need to sort it out asap, as the net assets are divided as at the date of the binding agreement, or the Court Orders, not the date of separation. Please read the following mandatory prescribed reading issued by the Court:http://www.federalcircuitcourt.gov.au/wps/wcm/connect/7db1162a-8de7-44f0-8b2c-0fc65b953d3f/BRPREFIN_010309+V3a.pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=7db1162a-8de7-44f0-8b2c-0fc65b953d3f Kind regards, James