Split up with husband - can I buy before divorce goes through?

So, my husband and I split up about 9 months ago. Because of the stupid laws here, we can't apply for a divorce until 1 year after we split up (I guess in case we reconcile, but seeing as there's no chance of that I think this is stupid).

So I'm wondering, since we have sold our home and it will be settling in a couple of weeks, should I buy a house/townhouse now for investment or as my ppor, or would I be better off waiting until the divorce goes through. Essentially, I want to know if I use my half of the money from the sale of our former ppor for a new property, can he make any claim on the new place? The sale proceeds (minus mortgage and costs are going 50/50 into our separate bank accounts).

Any advice would be appreciated.

 

It'll be tricky.

The bank will be worried he could come and claim some of your stuff.

Best to get a consent order, or I've found some banks accept a stat DEC from the ex. @Corey Batt helped us out with exactly this situation, so is worth contacting.

 

Can I get a consent order prior to the divorce though? I thought it could only be done at the same time as the divorce?

 

What about the property settlement? The property you own at the date of settlement is what counts.

 

Family lawyer here. Some pretty concerning questions for me there - it doesn't sound like you've even had basic family law advice about how property and divorce works.

Divorce has little to do with any property issues for example. You should get some advice on how to properly split your joint finances asap if you're looking to buy a new place.

 

For the finance itself, at a very minimum, you'd want to have a the separation agreement completed and verified by the courts (or whatever the process is, talk to a lawyer). Without it the banks would likely see you still as a couple with joint assets and liabilities. This would probably affect your loan applications.

Also I imagine you don't want your new property to possibly be exposed to your ex in the separation agreement...

 

Unless you have special circumstances such as domestic violence, the rule applies.

Read up here: Property and finances after separation - Family Court of Australia

As @thatbum said, divorce and property settlement are different things altogether. Have you considered the financial and non financial contributions? How long is the marriage? Who brought what to the commencement of cohabitation?

Speak to a family lawyer. Each person's circumstance is different.

 

Thanks, I did speak to a family lawyer about dividing up our assets and he just mentioned the cheapest way was to do a consent order, but he said that I couldn't do that until the divorce was about to go through. Sounds like that was incorrect information then?

We're both really trying to avoid lawyers coming into it as we want to do the separation as amicably as possible (I know this can change). I just got some initial advice as I mentioned and was planning to follow the consent order advice closer to the date of our divorce.

Sounds like I do need to speak to someone then. Anyone know a decent family lawyer who won't completely gouge my savings in Brisbane?

 

You don't need to be divorced to discuss and finalise the division of property.

 

Luckone, I went through exactly the same scenario last year. It was very difficult, but did get a loan without consent orders.

Happy to share in a pm msg if you want to know more.

 

Jeeez - an actual family lawyer gave you that advice? I almost find that impossible to believe because its so wrong and basic.

Did they at least advise you of other basics? Collating financial info, 4 step process, etc?

 

Two seperate issues - divorce & property settlement.

Property settlement is what's key to your question here.

You do not need your divorce to be finalised to finalise a property settlement.

Not advice - experience.

Oh and 12 months too long to get divorced? Some places are longer eg NZ 2 years.

 

I'm in the middle of discussions with my ex for our asset split but we haven't touched the divorce side of things. Once you have a order signed off by the court, regardless of your marriage status everything is separate.

 

Not me personally. But have family lawyers that work for me. Given you are Brisbane based an hour spent with one of them would get you on the right path.