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?
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.
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.
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.