ozpharlap Posted February 24, 2011 Report Share Posted February 24, 2011 A lot of lawyer's first consultation is free.. I'd be seeing a lawyer coss, divorce can be a very sticky and complex thing. I know mine was. And laws differ from country top country. Factually correct, however, why i suggested a law centre is because they are publicly based and not for profit organisations. Whilst a lawyer usually does not charge for a first appointment, they are still a business and any appointment with a smart salesman, free or not, usually ends up with the client proceeding on a cost pay basis - legals bills can add up quickly as it is in both lawyers interest for a matter to drag on. Coss's advantage is he could get a quick (and maybe free) advice as to his worse case senario for a property settlement. Let's say, for example, his lawyer says 35% worse case scenario. Coss says he will accept 30%, any lawyer on the other side,worth his/her salt, would accept it, with little or no fuss, settlement & transfer documents are signed, parties shake hands and both walk away. However, as other posters have suggested, take your time and think clearly, do not act on impulse even if, this mindset, has been a long time coming Link to comment Share on other sites More sharing options...
ozpharlap Posted February 24, 2011 Report Share Posted February 24, 2011 You cant just disappear either. You will still have a NZ passport' date=' ect.[/quote'] Oh yes you can. When I first came to Asia in 1988 I was married back in the UK but having tasted Asia I dodn't want to go back so I stayed. After 5 years my now ex farang wife applied for Decree Nisi on grounds of "Missing Pressumed Dead" and 6 months later the Decree absolute was awarded. Since NZ is a commonwealth country I am sure that the laws there are closer to UK law than American law. I really don't think Coss wants to go down this road. He still has children and just to disappear only provides anquish to all concern, even the absentee himself. However, for your information, the presumption of death is referred to as "Death in absentia" - it is a legal declaration that a person is deceased in the absence of remains (e.g., a corpse or skeleton) attributable to that person. Such a declaration is typically made when a person has been missing for an extended period of time without any evidence that the person is still alive, or when the circumstances surrounding a person's disappearance overwhelmingly support the belief that the person has died (e.g., an airplane crash). New Zealand also has this process, it is founded in section 57 of the Coroner's Act 2006, which states: 57 Purposes of inquiries (1) A coroner opens and conducts an inquiry (including any re-lated inquest) for the 3 purposes stated in this section, and not to determine civil, criminal, or disciplinary liability. (2) The first purpose is to establish, so far as possible, — (a) that a person has died; and ( the person’s identity; and © when and where the person died; and (d) the causes of the death; and (e) the circumstances of the death. (3) ... (4) ... Link to comment Share on other sites More sharing options...
TheCorinthian Posted February 24, 2011 Report Share Posted February 24, 2011 You cant just disappear either. You will still have a NZ passport' date=' ect.[/quote'] Oh yes you can. When I first came to Asia in 1988 I was married back in the UK but having tasted Asia I dodn't want to go back so I stayed. After 5 years my now ex farang wife applied for Decree Nisi on grounds of "Missing Pressumed Dead" and 6 months later the Decree absolute was awarded. Since NZ is a commonwealth country I am sure that the laws there are closer to UK law than American law. I dont know about the 80s, but now there are international treaties and different laws. We use them on US and Commonwealth criminals a lot. Basically, you can not just say, "I am not longer an American, Brit, ect...." You also have to have a country ready to take you and have the appropriate paperwork. A lot of times we will get someone for god knows what and the first thing they say is, "I renounce or have renounced my (whatever) citizenship." Sorry, that does not work and off you go. Last one I worked on that tried it that you would have heard of was our old friend Gary Glitter. Link to comment Share on other sites More sharing options...
Julian2 Posted February 24, 2011 Report Share Posted February 24, 2011 I think NZ law is like Australian, if you go to a lawyer he'll say that there is no such thing as a solid "quit claim" or settlement in a marriage breakdown until the divorce is finalised. I know because I offered my ex an extremely generous settlement, nearly 2/3 of our joint property, and then tried to sell our real estate as part of a joint tenancy and it wasn't allowed to happen. Link to comment Share on other sites More sharing options...
ozpharlap Posted February 25, 2011 Report Share Posted February 25, 2011 I think NZ law is like Australian, if you go to a lawyer he'll say that there is no such thing as a solid "quit claim" or settlement in a marriage breakdown until the divorce is finalised. You do not require a divorce in Australia to get a property settlement finalized, you can be still married and once a settlement is made a party to the marriage has only rights to an appeal (even if the settlement was by consent) for a limited period. If there are no complicating factors after the property settlement (i.e., a child of the marriage or a party to the marriage having a serious accident, then it is more than likely the property settlement shall subsist. Indeed, if a divorce is granted, a party has 12 months to commence an application for a property settlement if it has not already been done. After 12 months they need the leave of the court (which is usually granted). I know because I offered my ex an extremely generous settlement, nearly 2/3 of our joint property, and then tried to sell our real estate as part of a joint tenancy and it wasn't allowed to happen. If your property settlement had in it, provisions to sell the property, and mechanisms for it's sale, then you can sell it. If the other party refuses to sign any necessary documents for transfer of the property, she can be found to be in contempt and may have an order made against her for costs. If it was just an offer, regardless if she has consented, the property sale or transfer cannot proceed until, and unless, both parties sign the transfer (and if required, sale documents). Any agreement must have the correct wording and have the seal of the court and the order lodged at the relevant title's office. That is why it is important, regardless of jurisdiction, to have the correct wording required by Law/Statute on any property settlement in either Australia or New Zealand. Link to comment Share on other sites More sharing options...
Mekong Posted February 25, 2011 Report Share Posted February 25, 2011 You cant just disappear either. You will still have a NZ passport' date=' ect.[/quote'] Oh yes you can. When I first came to Asia in 1988 I was married back in the UK but having tasted Asia I dodn't want to go back so I stayed. After 5 years my now ex farang wife applied for Decree Nisi on grounds of "Missing Pressumed Dead" and 6 months later the Decree absolute was awarded. Since NZ is a commonwealth country I am sure that the laws there are closer to UK law than American law. I dont know about the 80s, but now there are international treaties and different laws. We use them on US and Commonwealth criminals a lot. Basically, you can not just say, "I am not longer an American, Brit, ect...." You also have to have a country ready to take you and have the appropriate paperwork. A lot of times we will get someone for god knows what and the first thing they say is, "I renounce or have renounced my (whatever) citizenship." Sorry, that does not work and off you go. Last one I worked on that tried it that you would have heard of was our old friend Gary Glitter. What the fark does this comment have to do with the OP? Link to comment Share on other sites More sharing options...
TheCorinthian Posted February 25, 2011 Report Share Posted February 25, 2011 Read the whole thread and you will see. Link to comment Share on other sites More sharing options...
Coss Posted March 13, 2011 Author Report Share Posted March 13, 2011 I thank all who have contributed to this topic and there is a wealth of knowledge in some of the answers. So, let me rephrase the original question. What if I get a "power of attorney" that abrogates my interest in and assigns her ownership of the cars, house and it's contents? Can I not do this at a Lawyer, nail it to the front door with an eight inch spike and catch the next plane? Coss Link to comment Share on other sites More sharing options...
cavanami Posted March 13, 2011 Report Share Posted March 13, 2011 My question would be...for example, if I owed $10K on a car and was behind on payments and signed everything over to someone, the person would not want to accept the debt(s), so I would think that they can decline accepting ownership. Nailing such a document to the door and slipping away, the party may or may not accept ownership, me thinks they have the right to make this decision. They decline, then that opens the door for the person to chase you down? I would suggest, get to a lawyer, have a chat. If feasible, then go with the power of attorney or a limited power of attorney. YMMV Link to comment Share on other sites More sharing options...
Coss Posted March 13, 2011 Author Report Share Posted March 13, 2011 "me thinks they have the right to make this decision. They decline, then that opens the door for the person to chase you down?" If I make this move, I won't be back. Cars all owned, house 70% equity. Yes chat to to lawyers, is the best idea. The main purpose of posting this idea is the get responses dealing with scenarios that I have no idea about, like "don't do that interpol will jump in" or "yes once you're out of the country you're untouchable" etc etc And also to develop the concept of having gone someway to meeting my moral obligations. CheersandinchingclosertotheprecipiceCoss Link to comment Share on other sites More sharing options...
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