Bear with me here, I'm trying to include everything.
My question is, does debt in my name, accrued as a product of the marriage get split between parties after divorce (if financial settlement is sought in court) and care of children financially speaking following marriage is split 30/70 in my favour?
The facts...
I was the only one working during our marriage. My partner at the time did not work as we had three children, hence why all the debts during the marriage are in my name only.
During the last year of our marriage, my ex-wife sought a disability pension from Centrelink due to an issue with her back that has since been operated on (during or marriage). The pension was meant to be temporary according to the DHS.
During the first year of our separation, my ex-wife had the three kids full time and I paid full child support and a little more. For the past year and a bit, I have had the children full time at the children's request and have received no child support as my ex-wife still does not work.
Until last week, I had a good job and income, however am now unemployed. The reason this has come up is I have tried to sell my vehicle and have discovered the financial interest in it as a result of my ex-wife's loan. My ex-wife is currently engaged and has been since prior to our divorce being granted, however that was less than twelve months ago.
So I guess it's two questions, 1. Is a financial settlement worth seeking to split the debt considering there are no assets and her current capacity to pay is almost nil? 2. As the vehicle I am trying to sell cannot be sold due to a loan the ex-wife mentioned it in, can this be removed from the vehicle as the loan was post separation (pre divorce) and she does not own it but was using it at the time?
If you need more information for an answer I am happy to provide it and thank you for taking the time.
My question is, does debt in my name, accrued as a product of the marriage get split between parties after divorce (if financial settlement is sought in court) and care of children financially speaking following marriage is split 30/70 in my favour?
The facts...
I was the only one working during our marriage. My partner at the time did not work as we had three children, hence why all the debts during the marriage are in my name only.
During the last year of our marriage, my ex-wife sought a disability pension from Centrelink due to an issue with her back that has since been operated on (during or marriage). The pension was meant to be temporary according to the DHS.
During the first year of our separation, my ex-wife had the three kids full time and I paid full child support and a little more. For the past year and a bit, I have had the children full time at the children's request and have received no child support as my ex-wife still does not work.
Until last week, I had a good job and income, however am now unemployed. The reason this has come up is I have tried to sell my vehicle and have discovered the financial interest in it as a result of my ex-wife's loan. My ex-wife is currently engaged and has been since prior to our divorce being granted, however that was less than twelve months ago.
So I guess it's two questions, 1. Is a financial settlement worth seeking to split the debt considering there are no assets and her current capacity to pay is almost nil? 2. As the vehicle I am trying to sell cannot be sold due to a loan the ex-wife mentioned it in, can this be removed from the vehicle as the loan was post separation (pre divorce) and she does not own it but was using it at the time?
If you need more information for an answer I am happy to provide it and thank you for taking the time.
