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John Melis
John Melis,
Category: Australia Law
Satisfied Customers: 532
Experience:  Principal Lawyer at Legal AU Pty Ltd
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When my ex husband and I divorced 21 years ago, he asked me

Customer Question

Hello, when my ex husband and I divorced 21 years ago, he asked me at the time not to go for half his super because he couldn't afford to pay it at the time. He promised me that when he retired he would pay me what he owed. We were married for 24 years. I know now I was too trusting. He has now retired and says he doesn't owe me anything. Do I have any legal rights to peruse this matter?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Queensland
JA: Has anything been filed or reported?
Customer: No I don't think so.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just what my rights are, also I am a pensioner of extremely ill health so how would this advice cost me please?
JA: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require).
Customer: Thank you, ***** ***** want to know if I could pursue this matter
Submitted: 2 months ago.
Category: Australia Law
Expert:  John Melis replied 2 months ago.

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

Expert:  John Melis replied 2 months ago.

Dear customer, your matter relates to financial separation out of time. Your post comment notes that you were divorced 21 years ago. As consequence of a significant amount of time between the divorce to the present date a claim will not be able to be raised.

Kind regards *****

Customer: replied 2 months ago.
That was the agreement we made and I waited until he retired. I have also been told I may be able to claim abandoned spouse, is that true.
Expert:  John Melis replied 2 months ago.

Dear customer, is the agreement in writing?

Kind regards *****

Customer: replied 2 months ago.
No, unfortunately I was too trusting and trusted him to honour his promise. I never thought for one minute it would come to this.
Expert:  John Melis replied 2 months ago.

Dear customer, as there was no written agreement, and due to the length of time that has passed, raising a claim for abandoned spouse will be difficult, with the possibility that the claim will not succeed.

Kind regards *****

Customer: replied 2 months ago.
Ok thanks. Bye.
Expert:  John Melis replied 2 months ago.

Dear customer, you are most welcome.

Kind regards *****