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Binding Financial Agreements and Family Court

Discussion in 'Legal Issues' started by seven, 12th Dec, 2016.

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  1. TMNT

    TMNT Well-Known Member

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    Yep, pretty much teh standard formula of how ive seen it as well.
    i also have seen as soon as they get knocked up they use that for sympathy and accuse husband of domestic violence, get a clean cut divorce, and then got a richer guy, because for the most part the guy that imported them over into australia is probably financially poor to average.


    edit: think of it this way, single pension is like $250-$300 per week, the average salary for them back at home might be $80 per week, thats 3-4 times their salary of freebies!! Id be tempted too:)
     
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  2. TMNT

    TMNT Well-Known Member

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    Im finding that even multi site builds, the cost of land has gone up to a point that the margins are below 10% and thats if there are no delays or nasty surprises
     
  3. Perthguy

    Perthguy Well-Known Member

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    Wrong thread?
     
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  4. TMNT

    TMNT Well-Known Member

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    omg! I swear I wasnt drunk when I posted that.......... promise
     
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  5. seven

    seven Well-Known Member

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    Well I guess could just move to the Phillipines and have kids. Hopefully without to many worries about Child Support and getting cleaned out in a divorce.
    If it doesn't work out I'll just come home to OZ and sent her $400 per month if we have kids. This is well over 4x her salary now.

    Anyone have thoughts on this?
     
  6. larrylarry

    larrylarry Well-Known Member

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    If it comes to that, it depends on what she's asking for and how she justifies it. Then negotiate. She'll use a lawyer for sure to advise.

    The aforementioned scenarios are not uncommon. Time will tell.
     
  7. seven

    seven Well-Known Member

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    Yeah I hear you Larry. Problem is she just turned 19 and wants kids now. So I will comply and have some with her. I think I may just leave her with her mum and dad or build her a house next door after she gives birth (her sister has 9 kids and she wants at least the same number so should get interesting). Then the plan is for me to spend 3 months here and 3 months in the PI. Yeah doomed to failure but it gets me out the house anyway.

    Should be an interesting retirement.
     
  8. thatbum

    thatbum Well-Known Member

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    So you're worried about your finances but you've also decided to acquiesce to your partner's request to have a whole bunch of kids straight away....?

    And also after all your concerns, are you even going to get any legal advice?

    I just notice that lots of people in your situation talk big about getting a BFA and pooh-poohing family law - and then don't even get the basic advice on how it even works at first instance and the basic steps they can take to 'protect' themselves.
     
  9. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Just because she is overseas doesn't mean Australian laws won't apply.
    She could still make a property settlement claim from over there. and she could claim child support if the Philipines is on the list of countries which australia has an agreement with.
    Legal Tip 33: Fathered a child overseas?

    Then you have to consider the potential claims at death. She would be an 'eligible' person under NSW law so she could make a claim against your will if what you leave her is not adequate.
    Legal Tip 50: Family Provision Claims Against Estates https://propertychat.com.au/community/threads/legal-tip-50-family-provision-claims-against-estates.2510/

    She could make a claim against assets of any trust in which you are trustee or an appointor, your super, properties owned as a joint tenant etc. (notional estate orders) (I think I have written on this before but cannot find the post)
     
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  10. hobo

    hobo Well-Known Member

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    I think your and my definitions of "interesting" differ greatly!!!!!!

    At least it sounds like you are not a very attached to your assets - probably a very good thing.

    Good luck.
     
  11. seven

    seven Well-Known Member

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    Hi TerryW.
    She lives in the Phillipines and the Phillipines is on the list of countries with a reciprocating agreement with Australia.
    So I vuess I will be up for full child support....BUT what if I gained New Zealand Citizenship and renounced my Australian Citizenship...would that be an advantage?
     
  12. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Then you would be subject to Australian and NZ laws - and Philipines.

    What about your assets in Australia? Even a non-citizen's assets here can be subject to a property settlement. I guess also that assets you own overseas could be taken into account in family law proceedings here.