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My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.
Who is signing the Statutory Declaration and what evidence do you have about the order of her name?
Why is the Solicitor that is acting for you not preparing it?
Is your partner expected to return anytime soon if not where is she at the moment?
It would be best that she sign it but if you have the original documents there is a problem. You may have to be the one to sign it.
So the name on the transfer is the same as all the documents but the Contract has her name in the incorrect order?
If there is a mortgage is it the same as the Transfer?
If there is a mortgagee have they indicated if they will accept a stat dec from you?
If you have the original documents then can. But I assume you do not have her passport?
The stat dec is fairly straight forward and the solicitor should be able to draft it and have you sign it.
You would need the passport or any other photo to show the name in malaysia and then they can compare it to the other photo ID and see she is one and the same.
That is all that is required.
Your solicitor should have drafted this when they initially saw the error and were told by the bank.
It is required to have the Contract and the Transfer stamped and avoid double stamp duty
If you do not have originals and she does she has to sign them in Dubai at the Australian Embassy.
Has he told you what it has to say?
It has to say who she is
then refer to the contract and how she is noted on the contract
That the name on the contract is written as per her passport
that she is one and the same as the that person and her name in australia is as per the other documents
It has to be signed before a justice of the peace
if signed overseas the a notary unless it is signed at the Australian embassy then the staff there have the power to sign.
Your solicitor should be drafting it and sending it to her to sign in Dubai at the embassy and this should have been done before now.
I hope this all makes sense and is of assistance If there is nothing further
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That should do the trick.
Only if they are original certifications. If they are copies of the certified documents you cannot use them.
I would be happy with that.