NSW Foreigner entitled to divorce settlement

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Sara7719

Active Member
19 January 2020
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My de facto partner and i have just bought a house in both names and 100% borrowed. He has a wife back in tbe philippines he hasnt seen for over twenty years, a failed annulment case took them to res judicata. We have been together ten years, lived together seven and have three children. He is now an aussie citizen and can file for divorce. We stupidly filed for divorce not thinking she would be entitled to our house. We feel our only option it to withdraw the divorce applcation and guess never marry which breaks both our hearts. Please help us to know what to do before we lose our family home.
 

Atticus

Well-Known Member
6 February 2019
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141
2,394
Yes we want to get married desperately. To have his divorce recognised in the philippines he must become a foreigner and then file for divorce which is what we have done, except we put the house in both our names and the filed for divorce. Isn't she entitled to his share of assets upon settlement? He has lives in Aussie for five years and just becone citizen.
I know nothing about Philippine family law & you would be best advised to seek proper advise from a lawyer who practices in the Philippines...

After 20 years, I would assume there would be no justifiable claim on the asset you have in Australia... If there was, then it would have to cut both ways, meaning your partner would have claim to any assets she has accumulated in the 20 years.... Pretty unlikely IMO..

The fact that the asset is in two names also means as part owner your interests would also have to be taken into account....She would also need to get any order made in the Philippines registered & enforced here in Australia because that is where the asset is.... All costly & time consuming... Then of course there is no equity in it anyway as you have said you have borrowed 100% to get it.

All the above indicates to me that you have little to worry about
 

Sara7719

Active Member
19 January 2020
9
0
31
We are anticipating she will make a claim - in her response form re divorce she stated she wanted money for the adult children
 

Atticus

Well-Known Member
6 February 2019
891
141
2,394
As I said, can't speak for Philippine family law, but in Australia, she can't make a claim on behalf of her adult children.

Again, under Australian family law, removing a name from a title doe's not in any way reduce a spouses claim IF, that claim is a legitimate one...

I repeat, these questions are best answered by a someone very familiar with Philippine family law, because that is where the application will be & that will be the applicable law..
 

Sara7719

Active Member
19 January 2020
9
0
31
Can she make a claim for herself for maintenance, hal8d share of his assets etc according to settlement laws here?