QLD Consent Orders - Husband's Debt to Wife Payable?

[Cindy Huchery]

Good morning,
My husband and I had a divorce 6 months ago. We own a house together, as well as the usual cars, furniture.

He wants to buy me out for the house. However, considering the house and our cars, furniture etc, we came to an agreement that he would owe me $25,000. He can get only an extra $10,000 on the loans, which means he would still owe me $15,000.

So, within the consent orders, is it possible to add something that says that he owes me $15,000 and that this amount is payable to me within a timeframe (like 1 or 2 years)? He agrees that he needs to pay me this money, but just cannot do it now.

Thank you.

 

[Sophea]

Hi Cindy,

You could submit new consent orders for the court's sealing and approval setting out the arrangement in greater detail and stating that $10,000 would be paid by [insert date] and then a further $15,000 would be paid by your husband on [insert date]. Make sure you specify a date so that you have a concrete basis for a contravention of the orders if he for some reason fails to pay or keeps delaying.