NSW Divorce in Fiji - Property Settlement Include Properties in Australia?

[Tonetsky]

My partner separated from his wife in 2007 and has never returned to Fiji since then. They had a divorce October last year (in Fiji) and now going through property settlement. He received a court order asking him to disclose all his properties including the one in Australia. He acquired a house in Sydney in 2010 and we are still paying the mortgage. Does he need to disclose this under Family Law? Shouldn't only properties they acquired in Fiji be considered? They are also asking for his pay slip and other assets.

We have been living together since 2007 and have a child.

Thanks.

 

[Therese]

HI Tonetsky,

it is my understanding that assets obtained after separation and before the property division is finalised need to be disclosed - therefore if property division has not yet been finalised the Sydney property needs to be disclosed even if it was purchased in 2010 after the divorce.

I would suggest reading this legal blog, Property Settlement After Separation - Agree Now, Don't Pay Later - Legal Blog - LawAnswers.com.au.

 

[AllForHer]

If the property settlement is being determined in Fiji, then you need to check what is required under Fijian law. In Australia, all properties owned abroad are to be disclosed in property settlement proceedings.