QLD Financial split, no children

Discussion in 'Family Law Forum' started by Agj, 3 December 2019 at 11:15 AM.

  1. Agj

    Agj Member

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    Hello,

    I'm seeking some advice (and maybe a little reassurance) on behalf of a family member who lives in QLD. He has a lawyer that is representing him in a marriage breakdown but he is worried and confused about the process and possible outcomes. There has been a recent day in court but adjourned whilst valuation are sought on assets.

    Some background:

    This is his second marriage but no children with this marriage (although a number from his first marriage). This second marriage was to an overseas resident who then obtained Australian citizenship on the back of this marriage. The marriage (conveniently) broke up - her decision, not long after she obtained Aus citizenship (apologies for the sarcasm).

    The marriage lasted around 5 years in total. She bought no assets to the marriage. They both worked over this time but it was my family member who paid most household expenses, whilst she sent monies overseas for business and other purposes and contributed little financially over this time (but getting disclosure on this aspect is proving difficult).

    There are few assets in the pool (most of the assets on my family members side went when his first marriage disolved). However, my family member does hold fishing licences which could be valued up to 300k. These fishing licences are his sole source of income and were purchased many years before this latest marriage (in fact many years before both the first and second marriages).

    She is naturally looking to get a slice of these as the only other assets are a relatively small amount of super (which my family member has not contributed to in many years, plus there is some super on her side) and other small value items such as older cars etc.

    Given the relatively short duration of the marriage and no children, along with what each party bought to the marriage in terms of assets, how likely is it that the court order these fishing licences to be broken up/sold as part of any financial settlement?
     
  2. Atticus

    Atticus Well-Known Member

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    My opinion..... Assuming there was no funds used to acquire or renew licenses during the marriage, & she had no financial or non financial contribution, then that definitely adds weight to the argument that they should not be included as assets for division, but, if the court were to find that his ex was entitled to $XXXX & he was not able to find funds to pay her out, & the only asset of value are the licenses, he may have to break them up for part sale anyway... Probably still better than being ordered to though
     
  3. sammy01

    sammy01 Well-Known Member

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    Short marriage - each party takes out what they brought in.

    If the ex doesn't apply to court then just hold off, get divorced and in 12 months time he is probably sweet. She might find the costs involved in applying to court compared with the likely result = not worth the bother. Wht spend $30k on solicitors to get not much in return.
     
  4. Agj

    Agj Member

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    Thanks - I'll pass this on.
     
  5. Agj

    Agj Member

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    That's what I would have thought. She is taking it to court, expecting a big pay day (possibly egged on by her lawyer) but she is pretty clue-less, says she can't pay her lawyer etc. Didn't turn up for the last court date a few days ago (not having done this myself I'm not sure how it works), where the judge adjourned the matter until March awaiting valutions of the few assets. She has provided no discovery though with respect to the many occassions she sent funds overseas during the marriage etc.
     
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