VIC Wife is hiding assets in Vietnam

Discussion in 'Family Law Forum' started by enuff, 11 January 2019.

  1. enuff

    enuff Member

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    I have just separated from my wife.
    We both live in Australia. She has permanent Visa - me a citizen. We have a lot of assets in Vietnam under her name and her 2 children's names (my step-children). That's the way she insisted it be (silly me). Step-kids both have houses in Australia which i have recently found out she had given them about 200 k each for deposits without me knowing.
    We have 2 houses in here. Houses in joint name in Australia 1.2 m and another 280 k. Total assets in both countries may be about 3 - 4 million. Debt is all in Australia at about 500 k. I pay 100% of both mortgage payments here and have done so since we purchased about 7 years ago.
    We have a teen son together.
    While married and living Vietnam (about 10 years) I was on small wages, she was earning lots, black market loan sharking. Now i am on high wage in Australia while she has a small business here, which i helped setup, she only makes about 25 k net, but hides a lot more from cash sales.
    Would i have any chance of getting a share of the Vietnam assets? Would i have any chance of getting a share of the money she gave to step-children without me knowing? Can she still try and get 50% of our assets in Australia, my super and shares and still keep the Vietnam assets?
    Obviously i would first try private settlement, but previously she has always said the assets in Vietnam are 100% hers as she paid for them, but i know she will want 50% our Australian assets too.
    Where should i start?
     
  2. Rod

    Rod Well-Known Member
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    You have a good chance of benefiting by hiring a lawyer to help in a complex matter like this.

    Your first step is to get a lawyer.
     
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  3. enuff

    enuff Member

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    Can a lawyer in Aus force her to provide details of the assets in VIetnam and step-children? I’m sure she would just deny or provide fake Vietnamese documents.
    She is a very savvy money manager and I’m afraid it might be impossible to get her to reveal all the assets in VIetnam without her cooperation.
     
  4. Rod

    Rod Well-Known Member
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    A person in an Australian Court being asked to provide a financial statement of assets is to disclose all assets regardless of location.

    What you should do is list all the assets you are aware of that she has overseas, and gather as much evidence as you can to support your list.

    If her list is incomplete and you convince a judge of the fact, and the judge considers you a honest and trustworthy person, then they may accept your list of assets and work on that.

    The money she has given to step children can be claimed to be marital property that is then notionally assigned to her.

    I expect your matter will not be straight forward as she has shown a willingness in the past to work on the 'fringes of the law'.

    [Moderated - Inappropriate Solicitation]
     
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    #4 Rod, 12 January 2019
    Last edited by a moderator: 17 January 2019
  5. enuff

    enuff Member

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    Thanks Rod.
    I'll try and get a list and evidence.
    Would you think a court may potential settle the Australian assets 100% to me and she keeps 100% the Vietnamese? That would be approx a 60/40 split 60% her way.
    Also does the court take into consideration I have been paying 100% of the mortgage in Australia for the past 7-8 years when splitting the Aus assets?
     
  6. Rod

    Rod Well-Known Member
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    Can't say with any certainty. All you can do is say that is what you want in your orders.

    Yes, however it is one fact amongst many and not determinative by itself.
     
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  7. CSFLW

    CSFLW Well-Known Member
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    Hi enuff

    The settlement must include all the assets, both here and in Vietnam.

    She will need to disclose her assets under the family law act.

    Let me know if you need help.
     
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