WA Divorce

[Scampi1]

Its been almost 3yrs i have been separated, i have finally applied for a divorce which gets read out in court in July so hopefully 1mth from hearing i will be divorced.
My question to anyone, once i am divorced is my ex entitled to any assets accumulated after divorce date?
The only asset we have is my super, she is stringing this out as long as she can so she gets more super.
We sold the family home shared the money between us, she spent hers and now wants more from me, this happened 18mths ago, all the money has gone.

 

[Exwife]

Were property consent orders finalised? My understanding is that unless property orders are completed she has 12 months past your divorce date to commence proceedings.
Hope that helps

 

[Scampi1]

The family home was sold and we agreed to divide money up between us.
The rental which is in both names, she won’t sell, so we still have settlement to do, but all assets prior to divorce get shared, but anything after doesn’t.

 

[sammy01]

asset divioiins is done at time of settlement. Not time of separation. So you could get stung here is she went on a splurge and blew her half of the proceeds from the sale of the house.

Get divorced. If she doesn't apply for asset division in family court then your super and your half of the proceeds from the sale of the house are off the table and you only have to deal with the rental property via property law, not family law. (kinda) There are no hard and fast rules in family law. Always exceptions.

 

[Scampi1]

The family home was sold and we agreed to divide money up between us.
The rental which is in both names, she won’t sell, so we still have settlement to do, but all assets prior to divorce get shared, but anything after doesn’t

 

[Scampi1]

Thanks Sammy that helps.

Once divorced if i was to buy anything with a new partner is my ex entitled to?

 

[sammy01]

ok, nothing is certain in family law. For me to answer definitively based on the info provided would be crazy. Even IF you gave me all the info, my answer would still be MAYBE...

 

[Atticus]

The family home was sold and we agreed to divide money up between us

What kind of agreement may be VERY important.. Verbal, written, or a proper binding financial agreement? .... Only the latter is likley to carry weight in court.

If either of you were to file with the family court to have the rental property dealt with, unless you agree not to, ALL property that existed at time of separation will be dealt with at values at time of settlement... You need to see a family law solicitor, take along all the facts & figures for advice on the best way forward.

 

[Scampi1]

Hi Atticus, We shared the funds between us all verbal, she did get almost 70%, i did have shares, she had no money so i sold them gave her 50%, this happened almost 18mths ago, but all the money has now gone and she now wants more, i have nothing but super left to give her
I now have a new partner, all she interested in is making things hard to ruin me and she has written this in emails too.

 

[sammy01]

ok so you ignore her. Get divorced ASAP. Then wait. She has no money? good, don't give her anything. I reckon you (hopefully) will find she is all bluff. So wait out the 12 months from divorce before making any important financial decisions. If she doesn't have any money then she cant afford to pursue this through court.
NB to anyone reading this. DO not do verbal or even hand written agreements. They are not worth the paper they're written on unless they are stamped by the courts.