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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44898
Experience:  24 years experience. Admitted in New South Wales and the UK.
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Please may I seek advice from a Firm of Australian Solicitors

Resolved Question:

Please may I seek advice from a Firm of Australian Solicitors based in the U.K. qualified in giving advice and dealing with Post Nuptial Agreements. The Post Nuptial Agreement being issued from Australia by the husband (Dual Citizen/Australia/UK) who is at present in Australia on the wife (UK citizen) who lives in the UK.
Thank you.
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
I am not in the Uk but I can give you the information that you wish.
What is it you would like to know?
Customer: replied 2 years ago.

I have received a 42 page Post Nup Agreement from husband whilst he is in Australia. I am in the UK. Since then I have also received a 11 page Agreement - which amounts to myself being evicted from our jointly owned house in the UK. A Hearing has been set for 30th June in Parramatta. I have been told that if I do not sign the Agreement then the Family Court of Australia will pass jurisdiction in my absence. However my husband insists that he does not want us to divorce but wants to protect his A$5,000,000 estate. We were married in the UK. I live in the UK and visit Australia. My husband has dual citizenship.How can this happen?

Expert:  Leon replied 2 years ago.
Good Evening
The second one is ti under UK law or in the Agreement for Australia?
There should not be any hearing if it is an agreement.
You have to send a letter to the court that you are not in the country and that you wish to defend the claim and need time to instruct a solicitor.
Can you tell me does the court action only refer to UK property for you to be evicted or also Australian Assets?
Customer: replied 2 years ago.

Hello Leon.

The Agreement is totally relating to Australian Law signed by an Australian solicitor.

My husband says if I sign the Agreement (an arrangement being agreed) then the Hearing will be cancelled. So far I have refused to sign the Agreement.

When I received the 11 page Agreement three weeks ago and read this Agreement my husband has ticked Date of Separation as March 2014 - which is totally incorrect. We have not been separated as live as a couple.

I will gather more information (and knowledge) before sending a letter (hopefully on your advice).

The Court Action only refers to the UK property (jointly owned house), although my husband does own a factory and offices and another house in the UK but he has put in the name of his daughter and son-in-law who work for him.

I do not own any assets in Australia. I only have an ANZ bank account.

I met my husband ten years ago (married 7.10.07) when he was in the UK. My husband went to Australia in 1995 and obtained Dual Citizenship.I have a partner residence BS801 visa until November 2016.

Also I have just realised on Page 1 of 11 it states IMPORTANT: Information for respondents to the application is on Page 11. I have not been sent Page 11. This document is stamped 02 May 2014 Sydney Registry.

Expert:  Leon replied 2 years ago.
Good Evening
The Australian courts cannot enforce anything in the UK.
Any Judgment has to be registered in the UK and then it can be enforced.
If the Assets are in the UK then the Australian Courts have no jurisdiction and you can seek to have the matter struck out.
I would suggest you consider starting an action in the UK, as the assets are in the UK and advising the court in Australia you have started an action in the UK.
Are you able to have an action started in the UK to seek orders for the property in the UK? If so that is what you should do and send a letter to the Australian Court advising that they have no jurisdiction and that the UK courts are dealing with it.
Customer: replied 2 years ago.

I do not know if my UK solicitors will be prepared to start action in the UK and seek orders for the property in the UK and for them to send a letter to the Australian Court advising that they have no jurisdiction and that the UK courts are dealing with it.

I am concerned in case of a negative response!

I do not understand why I have not received this information from the recommended (by my UK solicitors) Australian solicitors. However they have informed me that the cost of fighting an action has been known to cost between £60,000 to £100,000 each party.

I will contact my UK solicitors with the above information.

I will report their response to you.

With appreciation.

Expert:  Leon replied 2 years ago.
Good Afternoon
That is correct about the price.
All the best and I look forward to hearing from you.
There will be a cost to have the matter struck out but you have to start action in the UK before you can seek that order.
Good Luck and I look forward to hearing from you. If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Customer: replied 2 years ago.

Hello Leon

Sorry for any delay I have been away.

I am happy with your service and please may I come back to you once I have spoken to my UK solicitors. I am scheduled to speak on Monday.

Kind regards.

Rita

Expert:  Leon replied 2 years ago.
Good Afternoon
Yes you can.
Customer: replied 2 years ago.

Hi Leon

Thank you.

Rita

Expert:  Leon replied 2 years ago.
All the best
You are very welcome and thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
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