QLD Property settlement- family loan

Discussion in 'Family Law Forum' started by Clare1980, 27 April 2019.

  1. Clare1980

    Clare1980 Member

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    Good evening, i seperated with my ex husband 7 years ago and divorced with him 5 years ago. I have the child full time since she was born except my ex’s visitation weekends or half of each school holidays. We didn’t complete property settlement back then.
    I borrowed 150k from my parents 2 years ago for deposit of the townhouse I purchased. We signed contract and I paid parents regularly until last couple of months that I couldn’t afford since I work parting, got solicitor and paying large amount of flight fees for sending and picking up child from Brisbane to Perth for her to spend school holidays with my ex. But I shall start to pay back again once my working arrangement back to full time.
    Last year, my ex wanted to proceed property settlement with me so that this matter is at court now and we are facing trial next month.
    My ex claimed at court that my family loan is not genuinely as my parents live with me. My parents and I are Chinese. They transferred big and small amounts of AUD to Australia over last 6,7 years in many occasions so that I now met difficulties to prove all money in my parents bank account money were from their overseas bank accounts. Some transactions can be easily proven and some of them too old or bank reference description not clear enough. Highly likely that it can be used by my ex husband that he would say I transferred my own money to parents previously (impossible I could save 150k in 5 years after I left him) and pretend borrowing money from them again to make it look like a loan.

    Do you have any suggestions? This 150k may cause big difference of our property settlement proceeding by considering it is a loan or not.

    Thanks a lot!
     
  2. Rob Legat - SBPL

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    I don’t practise in family law but the obvious question here is how has your ex managed to bring a property settlement claim so long after divorce. The time limit without a court ordered extension is 12 months from the date of divorce. Since you divorced 5 years ago, his time limit ran out 4 years ago. And it’s not like he made an application for property settlement and you hid assets.
     
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  3. Clare1980

    Clare1980 Member

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    He did application of property settlement last year in Perth . And I hired solicitor in Perth but I am residing in Brisbane. I was wondering how come he could still proceed this matter after period limit as you mentioned. However i never asked and my solicitor never brought up this matter as I trusted solicitor would tell me if my ex couldn’t lodge application. The over period limit issue wasn’t exposed until the first readiness court hearing. Then my solicitor convinced me that our property in Perth still under both of our names so that I shall take this opportunity to solve our property matter. That is why court now allowed we proceed this matter even this matter is over period limit.

    Thanks Rob!


     
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