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Hi, my mum and dad were married in community of goods, they…

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Hi, my mum and dad...

Hi, my mum and dad were married in community of goods, they divorced arround 1980. My mother ,a Dutch national,returned with us to the Netherlands in the 70s. My mother never recieved anything from my father. He even stopped paying alamony for us after a few years.My father,an Australian, still lives in the house he bought with my mother. He is living there with his wife and adult son from that wife. My mother has deceased. Are we (me and 2 sisters) entiteled to anything on our mums behalf? Regards Tony

Submitted: 9 years ago.Category: Australia Law

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Answered in 38 minutes by:

9/19/2013

Solicitor: Leon, Solicitor replied 9 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,731

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Good Evening

My name is XXXXX XXXXX I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.

I am sorry to say there is nothing that can be done because it is too late.

You may be able to get the child support he did not pay but you would have to sue him in court and be able to show that he did not make the payment.

In Australia the law says that after you have a divorce, you have 12 months to start proceedings if you cannot reach an agreement. Because the 12 months has passed, and you mother has passed away there is nothing that can be done.

When you father passes if he has not left you anything you may be able to contest his will.

I am sorry the news is not good.

Is there anything else I can assist you with?

Customer reply replied 9 years ago

Hi, Thanks for the reply.

Did you take into account that my parents married under dutch law in the Netherlands?? According to dutch law and their marriage form (community of goods) my mother or her children are still entiteld to half of the property. But i dont know if that stands in australia. thanks anyhow.

Regards XXXXX XXXXX xxxx

Solicitor: Leon, Solicitor replied 9 years ago

Good Evening

Where they were married is not relevant. If the property is in Australia only the Australian courts can make orders.

The Dutch Courts cannot make laws that you can enforce in Australia. If the property is in Australia it has to be an australian Court to enforce it.

I suspect also, as in Australia, any action your mother may have had has been lost with her passing.

You are very welcome and thank you for using my services.

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

Please do not forget to leave positive feedback.

Regards

Leon

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