NSW Foreigner entitled to settlement after divorce

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Sara7719

Active Member
19 January 2020
9
0
31
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
919
149
2,394
Probably best to post this in the family law forum..
He is now an aussie citizen and can file for divorce
Assuming you are residing in Australia & have done so for at least 12 months, he probably could have filed for divorce here before being granted citizenship.... That said, without a divorce, or in this case a certificate of annulment, it probably won't be possible to get married anyway.
We stupidly filed for divorce not thinking she would be entitled to our house.
Who told you she would be entitled to the house? It's wholly owned by the bank anyway at this stage
 

Sara7719

Active Member
19 January 2020
9
0
31
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. Isnt she entitled to his share of assets upon settlement? He has lives in Aussie for five years and just becone citizen.