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SA Separated from Husband and Declaring Bankruptcy?

Discussion in 'Family Law Forum' started by Emma1234, 12 March 2016.

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  1. Emma1234

    Emma1234 Member

    12 March 2016
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    My husband and I separated 3 months ago after 9 years together. He lost his job about 8 months ago and things have since spun out of control financially and we are pretty much bankrupt.

    During this time, I had to return to work 3 months early from maternity leave, working 2 days a week so we, at least, had some income. My husband has abandoned our family home and has not been interested in paying off any of our debts at all.

    We have spoken a few times about declaring bankruptcy together, but then always have an argument and it doesn't happen. I am almost certain that he is deliberately stalling the whole process. His mum was due to collect an inheritance and I'm thinking that he wants me to declare bankruptcy and when I have, he will use his mum's money to keep our house and pay his side of the debt.

    I know, it's more a moral issue, but is there anything at all I can do about it? I think it's so unfair that he got us into this mess and after everything I have contributed to our household and family (he worked in mining and was away for sometimes weeks at a time) and we have 3 children, that he is almost forcing me to be the one who walks away with nothing!
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    If you can't negotiate a fair settlement of your assets and debts yourselves, post separation, you can attend mediation or apply to the court for orders dictating how your assets and debts should be divided between you.

    This may prevent you from having to declare bankruptcy since, your husband will be forced to contribute assets and funds to your joint debts. In assessing what is within your asset pool, the court may or may not include your ex's inheritance. If an inheritance is received late in the relationship or following separation, it may be either quarantined from the asset pool available for distribution or alternatively two asset pools may be established - the second pool containing the inheritance may be split at a different percentage.

    Here is some more info about bankruptcy in the family law jurisdiction. Family law and bankruptcy - Family Court of Australia

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