QLD Easiest way to seperate future finances

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MrsRx

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11 July 2019
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My ex husband and I have been seperated since February 2018. Married in 2007. One child aged 9.

We are both newly released from bankruptcy. I am disabled with a pension, don’t own a car, have only a grand in super and rent with my mum. He rents with his new partner, has a very cheap and currently broken car, has some super.

We have both verbally and via text agreed that what we each have now is all we have. We don’t own any property or any money in any joint accounts. No debts or anything.

My concern is only, can he claim a part of any future finances, in the hugely unlikely event that one of us wins lotto or gets an inheritance, what do we need to file now that will prevent any claim from the other parties to that money?

We are both broke, we are signing the divorce papers this weekend thanks to my mums tax refund, we can finally afford it. But lawyers fees are out of the question.
 

Atticus

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6 February 2019
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The law allows for an application regarding property & finances to be made within 12 months of the granting of your divorce.... BUT... In the event of some kind of financial windfall or inheritance received post separation & particularly after divorce, there would be next to zero grounds to pursue anything.... For absolute piece of mind you could both enter into a DIY consent order with the court for the cost of a filing fee, but to be honest, I don't think you need it in your case
 
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sammy01

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27 September 2015
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I kinda disagree with Atticus. DIY consent orders can be about children, but not assets, or $$.

I do agree with Atticus, not worth worrying about. Just do the divorce and choose not to buy lotto tickets for the next 12 months so you don't have to worry about winning millions of $$$. Wow, I just read back what I wrote. What a weird world we live in... Worrying about what happens if you win the big one.
 
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Atticus

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6 February 2019
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I kinda disagree with Atticus. DIY consent orders can be about children, but not assets, or $$.
Hmm... Not sure where you got that idea. You can enter into consent orders for property, children, or both..

A court can make a financial order based on an agreement between the parties (consent orders) or after a court hearing or trial. When a financial order is made, each person affected by the order must follow it.

Source >>> How do I apply for property and financial orders? - Federal Circuit Court of Australia
 

MrsRx

Member
11 July 2019
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That’s basically what I was thinking. Just wanted a little clarification. Thanks guys.

Imagine not playing your numbers one week because of the fear and having them drawn
 

sammy01

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27 September 2015
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For a financial agreement to be legally binding, you must both have:

  • signed the agreement, and
  • received independent legal and financial advice before signing.
That is a quote.

  • So for these guys you could spend a grand each getting an agreement, when there isn't that much to agree about. No need to worry about the ex applying to court because the cost of that would be much bigger in $ terms than the amount of $ you're fighting over.

  • Just get divorced and move on.
 
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MrsRx

Member
11 July 2019
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For a financial agreement to be legally binding, you must both have:

  • signed the agreement, and
  • received independent legal and financial advice before signing.
That is a quote.

  • So for these guys you could spend a grand each getting an agreement, when there isn't that much to agree about. No need to worry about the ex applying to court because the cost of that would be much bigger in $ terms than the amount of $ you're fighting over.

  • Just get divorced and move on.
That’s exactly what I was reading and then trying to find costs of that. But there’s just nothing to seperate lol. Just two bankrupt and broke people with some household appliances.

Super I earned while we were together before I became disabled was used on our debts before we went bankrupt. I could be petty and take half his super but it’s really not worth the effort.
 

Atticus

Well-Known Member
6 February 2019
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For a financial agreement to be legally binding, you must both have:

  • signed the agreement, and
  • received independent legal and financial advice before signing
Don't mean to be pedantic LOL.. BUT, it's not actually mandatory to receive independent legal advice when filing consent orders... It IS recommended, but not a requirement... It's written in the DIY kit as well if you find it, but below is a link to a law firm that's been around a while...As I wrote to MrsRX earlier, I wouldn't bother getting one in her case but only for peace of mind if they were particularly concerned.... In this case with no assets there's really nothing to seek advice on anyway

While it is not a requirement for the parties to receive independent legal advice prior to signing Consent Orders, it would be remiss of them to not seek advice from a lawyer experienced in Family Law

Source >>> Consent Orders - do I need a lawyer?

At least we agree now that consent orders can be used for assets though