QLD Overseas Inheritance and Separation

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TC Holmes

Member
12 December 2018
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My husband, who is now my provider, is expecting an inheritance from the UK in the coming months and yesterday he tells me he is wanting to leave the marriage. We have been married just over 9 years and I supported him financially and emotionally for 8 years and 8 months. He has only had to support me since being allowed to work since July this year. I had savings when I came into the marriage and a business but lost most of it to paying solicitors in trying to retrieve non-payment from an x-business partner. Husband did not have savings. In March/April of this year, his mother was dying and so I sent him twice home before she passed. We are now financially strapped as I have debts still from using a credit card to send him there, hotels, spending money and for buying him his tools and PPE for his work when he returned home. I am just keeping it all together with his pay and he has now told me not to touch his money as its his. We have a joint account, which he has said he will change when he can find a bank on a day he is not working. He is FIFO at present. What are my rights? Can his accounts be frozen until a financial agreement is put into place so not to leave me high and dry facing the debt? I am trying to get a job, which he knows, but I am having no luck in getting one. Am I intitled to something of the inheritance when it is cleared, to help ease the finanical dilemma? He is not an Australian citizen, yet, however we are on the final lap of it and he will have his Partner Visa sometime in the frist quarter of 2019. I'm not sure if he will wait it out or change his mind and come home. But I need to know where I stand if he does go through with this. Thank You.
 

Elaine

Active Member
16 July 2014
7
1
34
If you tell the Bank you are separating the account will be frozen. Ensure you have enough funds to live on and lodge Centrelink claim ASAP. Also as you are separating you should tell Immigration and his partner visa application will be put on hold. You are strong enough to do this on your own, Arrange an apmt with a free women’s legal advice centre so as not to incur expense until you have to. Don’t move out the house. Please take control, I’m so sorry but your husband has ulterior motives. Don’t tell him what you are doing. A good man does not act in this way. Be strong, Good luck
 
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Rod

Lawyer
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27 May 2014
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The inheritance hasn't been received yet so it is not an asset to be split, however it can be factored in as a resource when looking at future needs.

It may be better not to initiate court action until the inheritance has been received and then you move quickly to court. You can separate if you need to, but maybe hold off on court for the time being. There is no guarantee you have any claim to part of the inheritance, but at least you have a shot at some of it if you wait.
 
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Rod

Lawyer
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27 May 2014
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BTW, keep in mind you only have 1 year post divorce to make a property claim without asking for court approval.
 
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