QLD Property and Assets After a 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

George81

Member
15 August 2018
1
0
1
Hi Their,

I am currently taking steps to go through a divorce in Queensland. I own two properties and a vehicle solely in my name including superannuation. We have 3 kids that my ex will look after 100% of the time. My question is, can we get a solicitor to draw up an agreement between us that is 100% binding with no future repercussions or loop holes she can get me on regarding assets to be sold off or money owed to her other than what me and her have both agreed on currently which is minimum child support payments based on my income at the time?

As I have always payed for all associated costs with these homes for the last five years since ownership including all utilities, on top of that we have been separated since December 2015?

Thank you,
 

sammy01

Well-Known Member
27 September 2015
4,853
690
2,894
No... Both parties need independent legal advice and her solicitor will likely advise her that she is entitled to some of those assets. What % well depends on all sorts of details like how long you were married etc etc.

And for any agreement to be binding it must be stamped by the court. So let's pretend she gets advice from a solicitor, chooses to ignore the advice and sign it anyways... It goes to the court. IF the court deems in unfair they will not stamp it.

Given she is gonna be the sole carer of 3 kids (assuming they are under 18) and all the more so the younger they are, she will be entitled to a piece of the asset pie.