Hi everyone,
I've been waiting for a property settlement hearing for a while now, and recently had a financial conference with the Registrar at our local court to try and discuss some of our issues.
Both my ex and I are originally from overseas, and since we split, he sold one of the properties we owned and gave all the money to his parents. He claims it was to repay a personal loan, which he had an agreement drawn up for after we separated. I have a lot of evidence that this is all hokey, and as we were mortgage free on that property, I want to include the proceeds in our asset pool.
The registrar told me that I may find I have 'jurisdictional difficulties' in doing that, though. My ex-in-laws live overseas, and the Registrar told me if I challenged the claim to a legitimate loan, they would need to fly to Australia for the hearing and I could end up paying their costs. He advised me to carefully consider whether it was worth including the property or just leave it out altogether.
I'm a little confused as I honestly believed that his parents could swear an affidavit and that could be used by my ex as their testimony. I've never heard of people having to be flown in for a marital property settlement and it seems a little overkill to me!
Can anyone shed any light on it for me, please?
Thanks
I've been waiting for a property settlement hearing for a while now, and recently had a financial conference with the Registrar at our local court to try and discuss some of our issues.
Both my ex and I are originally from overseas, and since we split, he sold one of the properties we owned and gave all the money to his parents. He claims it was to repay a personal loan, which he had an agreement drawn up for after we separated. I have a lot of evidence that this is all hokey, and as we were mortgage free on that property, I want to include the proceeds in our asset pool.
The registrar told me that I may find I have 'jurisdictional difficulties' in doing that, though. My ex-in-laws live overseas, and the Registrar told me if I challenged the claim to a legitimate loan, they would need to fly to Australia for the hearing and I could end up paying their costs. He advised me to carefully consider whether it was worth including the property or just leave it out altogether.
I'm a little confused as I honestly believed that his parents could swear an affidavit and that could be used by my ex as their testimony. I've never heard of people having to be flown in for a marital property settlement and it seems a little overkill to me!
Can anyone shed any light on it for me, please?
Thanks