QLD Divorce - Property Settlement for Australian House?

Hi tcm,

You will likely be eligible to divorce in Australia, even though you were married in Vegas since your spouse is Australian. Australian Law requires that at least one party to the marriage be a citizen or domiciled here. For you to obtain a divorce here, you need to have been married for 2 years first or show that you have attended the requisite counselling.

You will also need to show to the court that there has been an irretrievable break down in your relationship and there is no reasonable likelihood of resuming married life. This is evidenced by a 12 month separation period - which you will need to prove also.

Once you separate, you can divide your assets. You can do this by agreement, through mediation, or if you can't agree you can apply to the court for an order dividing your assets for you. There are no hard and fast rules as regards entitlements, its what the court considers fair. It evaluates what each party contributed to the relationship financially and non financially as well as each party's future needs.

Since you were only married 2 years and you paid 100% of the property purchase price, I think you would have a pretty sturdy claim on it. However, if she wants to fight you for it and it goes to court, it will end up costing you in legal fees anyway. Therefore you may have to make some concessions depending on how tenacious she is.

Take a look at this article that provides a bit more info:
Property Settlement After Separation - Rarely a Case of 50:50 - Legal Blog - LawAnswers.com.au
Family Law Archives - Legal Blog - LawAnswers.com.au

 

Hi, tcm.

Assets are one of the main reasons for dispute when a couple separates. The country's lawmakers are considering granting women the right to their husbands' residential property. Nowadays the wife's share will be decided by the court.

A woman seeking divorce is not entitled to any share in the husband's property. The ownership rests with the person who is holding the title. If the property is bought by the husband when they were together and he holds the title, the wife can make a claim if she can prove her equity in the property.

If you can prove this in the court that you have funded the property, you can then claim for that property.

Do one thing without delaying this matter. Hire an attorney or consult with legal experts online. They will guide you in a better direction what to do and what not to do, and give you ideas how you can claim your property after divorce.

Here is a site you can go through and decide which one is better for you.

1. https://en.wikipedia.org/wiki/Legal_Information_Institute