VIC Claim after divorce - Property and spouse maintenance

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renaith

Member
12 March 2023
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We got married in 1994. We got separated in 2014 send them to live in overseas and providing all support for their living and education. My wife and 2 kids lived overseas from 2014 to 2019.
I got divorce order in Australia in May 2018 when they were living in overseas.
After the divorce, for the purpose of better education for my kids, I entered into an agreement with my Ex-wife on property and financial support.

The agreement was to relinquish my rights on the overseas property which I bought in the year 1996 in her name after marriage with my own financial support.
I also gave power of attorney in her favour to sell the land situated in overseas purchased my name before the marriage in 1998.
The agreement was that she brings my kids (Age 19 and 15) and promised to support financially for all of their living expenses in Australia. She agreed that she will not claim any savings and property in future.
They moved in Australia in January, 2019 and I am providing all financial support till date. (Rent, day to day expenses, kids education, car in her name and maintenance).
She went overseas from November 2019 to May 2021 and I took care of kids.

Now my ex-wife insisting on mediation and claiming 2 properties located in Australia which was purchased (before divorce) in my name after separation in 2014 and property which I bought in my Family trust during 2017.
She is also claiming spouse maintenance.
She has never worked in Australia and also not working at the moment. She is fully depends on me and I am providing full support to her and kids.
Recently she filed Caveat on the above 2 property located in Australia. I visit to the rental property to see my kids, prepare food twice in a week and some times pick up/ drop kids from the school /University.

I request your help /advice to save my property, savings and super. What should I do on Caveat ?
 

Rod

Lawyer
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27 May 2014
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Suggest you see a lawyer to have the caveats removed. They will be a problem when you go to sell the properties, and it is better to challenge them earlier rather than in say 10 years time when key documents may have been lost.

People only have 12 months after divorce to file a family law property claim in Australia, unless exceptional circumstances exist. I don't know if the ex-wife can rely on overseas laws to make a claim.

It seems unlikely the ex can use Australian Family law to help her, however I don't have enough information to know whether another type of claim exists. What was stated on the caveats?

Our law firm can help you if you want some preliminary legal advice.