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FAT_AUSSIE

Settlements

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It's sort of funny, I am composing this post and recollecting my first post on NP.com. At that stage about 5-6?years ago I was whinging about the missus. Things got better, great even, but like all good things....

 

Sick of whats basicly selfishness. My heart is slowly movinng on (no-one else in mind) and I feel like I know where this is heading.

 

We got married at the amphor nearly 8 years ago and have 2 girls. We are all here in Oz. We have some minor assets but one of them is considerable. There is another she doesn't really know of. I would unlike Cos be hoping to achieve 50% of what she is aware of. She knows I'm not happy and am thinking about leaving, doesn't really care either but at the same time I don't think she understands the gravity of what is more than likely going to happen.

 

The question I have is! When assets are divided, can she find things she doesn't know about. I'm talking about an account which doesn't know my tax file number and is in Oz.

 

Can anyone enlighten me about the processes of seperation and divorce in Oz. I have told her 50/50 is what is ultimatly better for ourselves and the kids as lawyers are expensive and will end up with a shit load of the money. She knows I love a fight so I think as long as she doesn't have to make any effort she may go go with 50/50.

 

This is something I have never done before so am doing alot of guesswork at the moment.

 

 

 

Damo

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No idea about Oz. But in the US if you are caught hiding or not disclosing assets you will go from loosing maybe 50% to 75% to 90% of everything you got.

 

A lot of it in both countries will depend on what sort (if any) attorney she gets. A good one will come after you with guns blazing. And if they catch you lying or hiding anything, your done.

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NZ and OZ are similar I think.

 

I can tell you about my 1st divorce in NZ.

 

You may be required to undergo a declaration process that means you should (hand on heart) tell 'em about everything.

 

She will get legal representation (it just happens).

 

But if you don't tell 'em, you only have to be careful in the future, they don't find out about what you withheld (like the winning lotto ticket), or they'll have a second go.

 

My 1st wife did (unsuccessfully with the Aboriginal Women's Collective lawyers - not a joke). She was in OZ, me in NZ and penniless.

 

But there is not a process where they search banks etc for your name. It really does rely on your honesty/her suspicions. They may go on a fishing expedition, because women are as suspicious as hell. Might be good to have a small red herring or two, lined up to be found :).

 

In my circumstances, MiWiMee and I have notionally discussed separating, (she doesn't know I'm serious though), and I get the feeling she'd do it without lawyers. But my 1st divorce indicates women go completely unreasonable as soon as the reality hits home.

 

Good luck and if I may ask; As MiWiMee has, did your lovely Thai wife, slowly take on the attitudes and stances of the "Western Woman" ?

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It's sort of funny, I am composing this post and recollecting my first post on NP.com. At that stage about 5-6?years ago I was whinging about the missus. Things got better, great even, but like all good things....

 

Sick of whats basicly selfishness. My heart is slowly movinng on (no-one else in mind) and I feel like I know where this is heading.

 

We got married at the amphor nearly 8 years ago and have 2 girls. We are all here in Oz. We have some minor assets but one of them is considerable. There is another she doesn't really know of. I would unlike Cos be hoping to achieve 50% of what she is aware of. She knows I'm not happy and am thinking about leaving, doesn't really care either but at the same time I don't think she understands the gravity of what is more than likely going to happen.

 

The question I have is! When assets are divided, can she find things she doesn't know about. I'm talking about an account which doesn't know my tax file number and is in Oz.

 

Can anyone enlighten me about the processes of seperation and divorce in Oz. I have told her 50/50 is what is ultimatly better for ourselves and the kids as lawyers are expensive and will end up with a shit load of the money. She knows I love a fight so I think as long as she doesn't have to make any effort she may go go with 50/50.

 

This is something I have never done before so am doing alot of guesswork at the moment.

 

 

 

Damo

Property settlements and divorce are two separate applications in an Australian Court.

 

Divorce: You only need to prove 12 months separation, and this can be done even if both parties are still living under the one roof.

 

It is basically a formality, and the courts really don't entertain a dispute about it - Australia having a no fault divorce system.

 

Property Settlements: Property settlements can be done at any time, even if a couple is together, however, to do so, may lead to it being readdressed later on depending on circumstances.

 

Remember, lawyers love a fighter as well, kaching, kaching $$$$$$$$$$$$$ :beer:

 

Women have a major advantage in Australia, usually, because they don't work and will get free legal advice and assistance. If you don't think all her men hating liberated women friends have not already whispered this into her head, well, to quote a classic phrase, "you're dreamin'".

 

If she keeps the kids, you are looking at a 35-45/65-55 split.

 

Strategically, you're better off doing a consent property settlement, in the appropriate format (this can be done at a legal centre).

 

Non-disclosure of property assets, well, it has been done, it's a matter for yourself - seek a cheap legal advice before you proceed.

 

Good luck :beer:

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So what do you want to do with the kids? To me with 2 kids I would rather the wife have the big majority if she was looking after them, and visa versa.

 

So where do the kids come into this?

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So what do you want to do with the kids? To me with 2 kids I would rather the wife have the big majority if she was looking after them, and visa versa.

 

So where do the kids come into this?

The Fat man quotes "... We got married at the amphor nearly 8 years ago and have 2 girls ..."

 

I concur, whilst it is good to have your children around, if the wife hasn't worked much, and adequate child support is being paid, and the man is required to keep working to maintain his lifestyle and needs, the children are best served with being with the mother :beer:

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It is a seriously cold hearted man that does not want to see his children grow up.

I don't think we have stated that, it is about the day to day care and responsibility. If the parties have agreed to live apart then the children should have as much stability in their lives as possible. Unfortunately, alot of parents just don't get on after a breakup, regardless of fault ... we all wish it was the other way around but then, is there a need for a break up? :beer:

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O.K. So that answers my main concen :) fuck being honest. it'll get you nowhere.

 

Kids, She knows how I feel about my kids and it scares her. We can come to a mutual arrangement easily. Again 50/50 is nice.

 

if I may ask; As MiWiMee has, did your lovely Thai wife, slowly take on the attitudes and stances of the "Western Woman" ?

 

My wife is a strange one really, sort of half way between thai and western woman. Even my mates with thai wifes say the same. She generally keeps most Thai women here in Oz at arms length. She has citizenship-passport a car/ full license, English speaking everything except a job. On paper she's as ozzie as me. But still thick and unmotivated like most.

 

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