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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42962
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My ex wife is claiming I owe her money 62,000 dollars which

Customer Question

Hello my ex wife is claiming I owe her money 62,000 dollars which I don't owe her
We used to have a business together and she and I both contributed money to it she claims she sent me 62,000 dollars but she picked up the goods purchased with that money, then her other company and then sold the goods for a profit and didn't share any profit with me .
When we finished doing business i gave her what I owed her
And now since I got married again she is asking for more money I worry about not being able to prove she picked up and profited from the goods
The christies beach woolworths store manager by the name of Paul has since moved to a different store
Also she has a background in tax so it's possible she can make money eg profits vanish.
I'm currently living over seas and don't want to return to australia if i can avoid it
My mother in law has just been diagnosed with cancer and now my ex is demanding money.
It's been one issue after another and my ex always tries to control me
She knows I don't owe her money it's just done out of spite
It is possible to counter sue due to stress
OK look forward to hearing from you soon
Submitted: 3 months ago.
Category: Australia Law
Expert:  Leon replied 3 months ago.

Good evening.

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 but a guide to assist you.

How long ago did you separate? Are you divorced and when did you get the divorce? Do you have any assets in australia?

Customer: replied 3 months ago.
We seperate in November of 2012
Expert:  Leon replied 3 months ago.

Good Evening

When did you get remarried?

So I assume you got divorced. How long ago did you get divorced?

Customer: replied 3 months ago.
divorced as of july 28th this year , but during our separation she contacted me as said she was having success with her own business and asked me to start one with her so i agreed she explained her business to me it was buying products in bulk from major suppliers such as woolworths and the selling them to a middle man who then exported to products to china and the distributed them in china, she told me to approach store managers of coles and woolworths and ask for products on sale in bulk any way I did as she said and the first product I was able to secure was fish oil tablets that in total cost about 62,000 australian dollars, of which she paid for 27,000 and she paid the remainder of the products which was 35,000 australian dollars because I still hadent opened a business up she arranged to use her business abn her business name being aussie wellness and then she arranged pick up of those goods sold them and took the products and recieved a profit from them which she didn't share withShe threatened to drag me through court knowing I have paid her back and also knowing I will probably be able to prove I've paid her everything i owe herbut it's going to be messy I feel I will need to obtain her company documents which will no doubt have to be forced on her she wants me to spend money can I counter sue her for stressI'm currently living over seas and don't want to have to return to australia unless I absolutely have toShe knows very well that I've paid her back said she doesn't care just cares that it costs me money
Customer: replied 3 months ago.
My mother in law has just been diagnosed with cervix cander i really worry about her health more then anything else can I send you the letter from her lawyer?
Expert:  Leon replied 3 months ago.

Good Evening.

Can I assume she is in Australia and you are in the US?

Customer: replied 3 months ago.
No you can assume I'm in kazakhstan and she is in australia
Expert:  Leon replied 3 months ago.

DO you have any assets in australia in your name?

Customer: replied 3 months ago.
I'm currently trying to bring my new wife to australia bit this is only going to slow things
Expert:  Leon replied 3 months ago.

You have not answered my question. Do you have any assets in australia?

Customer: replied 3 months ago.
No I don't have any assets In australia
Customer: replied 3 months ago.
They are in kazakhstan and not in my name
Expert:  Leon replied 3 months ago.

Well let her make any claim she wants. If there are no assets the court will not make any orders and she is wasting her time and money. While you are in Kazakstan the courts will not be able to make any orders that can be enforced there.

Say nothing to her and ignore her.

The Australian Courts cannot force you to do anything in Kazakstan. If she wants to get anything from you she has to come there.

Once 12 months from the divorce pass then she is out of time to start in australia.

Also she cannot just claim your assets hers also have to be included in any split.

If you helped her get them tou have entitlements to a share.

But at the moment she cannot do much it is all threats.

Customer: replied 3 months ago.
Hi this is the letter I've received from her lawyer
Customer: replied 3 months ago.
Should I respond or say nothing to her as you said
Expert:  Leon replied 3 months ago.

You have no assets

Apart from her say so, what evidence is there that she lent you the money?

Customer: replied 3 months ago.
None that she let me money but when we were doing business she put monies through my account and most purchases they sent her money first before she sent me money
Expert:  Leon replied 3 months ago.

Good Morning.

That is not a debt matter. If she want a share of the business that you were both running it is a family law matter.

If they sue you, you will have to argue it was not a loan to you but was part of the partnership you were not running and it was for that not a loan to you.

It was spent for both of you.

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 3 months ago.
should I be ignoring her it being a family law matter? or should I be mounting a defence and attempting to prove it was not a loan and she has been paid in full
Expert:  Leon replied 3 months ago.

Good Morning.

I would be arguing that it is a family law matter.

You should respond that it is a family law matter and that there is no loan.

Until she files anything you do not have to do anything.

If she files anything and sues you in your absence. when you arrive in australia, you declare bankruptcy and she gets nothing.