NT Divorce - How to Protect Assets from Ex?

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5 February 2017

I am posting this on behalf of a friend.

My friend's wife gave him a divorce overseas in Sri Lanka in 2013 and took custody of children of their son. Before that, his wife eloped in Australia with their only son in 2011. My friend had not informed the authorities here for the sake of their son and his ex to avoid her name getting in the criminal register.

Now, after nearly 5 years, she wants to comeback to Australia and re-start the family. My friend is worried that she is aiming to gain a share in his small property and may not be genuinely interested in restarting the family.

Though they have not remarried, my friend won't mind to overlook the divorce papers for the sake of their child.


Is it possible for my friend to enter into some sort of agreement (recognized by Australian family law) that in the event her ex elopes once again after coming back to Australia or seeks divorce, she won't be entitled to any share in the property and the custody of their son will remain with the father?

My friend is eager to restart the family, lovingly and peacefully but is a worried for the financial security of their child as his ex-wife do not have a good academic background to support herself and the child.

Kindly request to provide your help and/or opinions from the legal fraternity of Australia.



Well-Known Member
31 October 2015
Hi Vikram,

Not that I'm aware of. If there were, everyone would be doing it, at least for their second marriage. As a matter of fact your friends wife (from what I can tell they are still married although estranged) may actually be entitled to some of his assets now. I think your friend should speak with a family lawyer.