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James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Consulting Principal at Nexus Law Group
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Im speaking on behalf of a friend they have a situation

Customer Question

Im speaking on behalf of a friend they have a situation where she has separated from her husband she has a car but the loan is in his name only he has agreed that the car is hers has a signed stac dec to state this it is registered in her name name now he has also agreed to pay half the payment can she force him to pay his share he also hasnt been paying child payments to her what avenues has she got to force him to pay
Submitted: 1 year ago.
Category: Australia Law
Expert:  James D. Ford replied 1 year ago.

Hi, I assume that they have not divorced or reached a binding property settlement.

The only way to sort out the financial settlement side is to reach a BFA - Binding Financial Agreement outside of Court (this MUST be done with the assistance of their own lawyers advising them before they sign, and providing them with a certificate to this effect), OR by Court orders with or without consent (that is they both agree, and ask for the Court to approve the orders, or they cannot agree and the Court decides what orders to make).

Without a binding property settlement or Court orders, she cannot force him to do anything with respect to the car payments, etc... I assume there is also Super, and potentially other assets, and debts that need to be sorted out.. generally the sooner the better.

Please pass this prescribed reading issued by the Court to her:

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

She can enlist the help of the Child Support Agency to help assess and collect child support.

http://www.humanservices.gov.au/customer/dhs/child-support

Kind regards,

James