Marriage Seperation Question

Discussion in 'Legal Issues' started by Sheshop, 20th Aug, 2020.

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  1. wylie

    wylie Moderator Staff Member

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    What a terrible situation.

    I understand her desire to get out as quickly and with as little aggravation to her husband as possible, but she will lose out financially that way. And it doesn't guarantee he won't be aggressive at the slightest thing into the future.

    And even if she does allow him to buy her out for such a cheap price, for the sake of her feeling safer than challenging him, it really doesn't mean he won't still be a danger.

    If she's hoping to agree to a bad deal for her financial future in the hope of placating him, then I think she's probably fooling herself. If he has become aggressive (verbally even) at the mention she's taken legal advice, then she's going to have problems going forward even if she takes the quick payout.
     
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  2. wylie

    wylie Moderator Staff Member

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    Unfortunately, even if she gets some order to keep him away, they don't help if he really wants to hurt her or the kids.
     
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  3. Sheshop

    Sheshop Well-Known Member

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    That’s exactly what I’ve been saying to her it’s such a tough situation and I know it’s only going to get worse.
     
  4. Marg4000

    Marg4000 Well-Known Member

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    Often superannuation is the greatest family asset.
    Legal advice essential.
     
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  5. Stoffo

    Stoffo Well-Known Member

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    Firstly, by Aus law, she can't agree to any sort of financial settlement without independent legal advice, he needs to be aware of this.
    Second, if he is the gambler then the house could be repossessed long before she ever see's the $75k. Lets face it, who earns $300k a year has 3 kids in a relationship (= 4+ years together min) and only has the ability to redraw $100k to pay her out today ?????
    She really needs to file to have him removed from the house due to emotional and mental abuse, she needs to stay in the home (or it's likely he will blow it all), she also needs to have all bank account balances stated and a freeze on any redraw or loans against any property or other where she is liable.
    So many issue's here :(
     
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  6. Redwing

    Redwing Well-Known Member

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    Agreed, first step is to identify all the assets, liabilities and superannuation interests that form the "property" pool

    Once current assets are listed and contributions are measured, future financial circumstances are taken into account i.e. children earning capacity etc

    Can get messy if both parties wont agree
     
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  7. Sheshop

    Sheshop Well-Known Member

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    I thought Id offer you guys an update. We managed to encourage my friend to not accept the offer and to seek legal representation. She was hesitant but things escalated to the point where police became involved and an emergency DVO has been placed. The house is going on the market today and hopefully it sells without too much trouble.
     
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  8. VanillaSlice

    VanillaSlice Well-Known Member

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    great news, hope your friend walks away from the living hell and have a normal peaceful life back again... :)

     
  9. Stoffo

    Stoffo Well-Known Member

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    Sorry @VanillaSlice but Bruce & Demi are the 0.000001% that "appear" to get along (emphasis on appear, as I bet there's been a few expletives thrown around :p).

    We are all only sold the love fairytale, no one ever tells you about the divorce disaster :eek:

    It is unlikely to end in their lifetimes.....
    They have to continue to see and suffer each other forever due to having children
    She will suck it up, even at her own detriment (happiness) for the sake of the kids.
    He is likely to continue to threatenand intimidate her (with legal action for settlement and custody issues) until long after the kids are 18.

    The system doesn't help, allowing daddy rights and access (there's some people who shouldn't be able /allowed to procreate :().

    This goes both ways people, I've seen people paying child support having to go and spend hundreds on new clothes/shoe's on "their weekend" only for the ex to return them to the shop on Monday for the CASH (15 years ago admittedly), and others that happily buy clothes, lessons, tuition, and many other things (as the child support was spent at Dan's :rolleyes:).


    My partners ex threatened to blow my head off early on, even though he ran off with her friend from high school she'd been banned from seeing for 16 years:confused:

    He made his choice to leave, and I suck it up and offer him a beer when he comes over to see his kids or grandchild (or sometimes I just hide), unfortunately it usually goes pear shaped as we have late model car's and a big house in a great spot with views, he gets jealous and feels that she should be below him (in housing) and undoubtedly say's something out of spite or anger or regret for dumping (one of the best women walking this earth :p).

    Being able to move on isn't easy. The husband gets on a dating site, the stay at home doesn't want to put the kids thru attachment issue's and stays single :oops:

    DON'T HAVE KIDS, "EVER"! but should you feel so compelled just have one child with someone you already hate, that way you each will have every second weekend kid free to remember how single life being selfish was so awesome o_O

    Ultimately it is the kids that always suffer :(
     
    Last edited: 31st Aug, 2020
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