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Clare, Solicitor
Category: Law
Satisfied Customers: 33003
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have this situation where I was divorced in US (my wife New

Customer Question

I have this situation where I was divorced in US (my wife New Zealand and me Australian citizen) and as far as I am concerned everything is done.
Part of the settlement was that my ex spouse gets 100% of my Australian Superannuation funds.
Now she is trying to claim it but The fund says they cannot do it without my authorisation. So, eventually (and without my prior knowledge - we don't communicate at all) she hired a lawyer in Australia (I live in UK) who wants me to sign some document which would allow them to get past the Family Court in Australia and deal with it as swiftly as possible.

I tried to explain to them that I do not want to have anything to do with that woman and if they want to proceed with taking over my super - I have no problems with that but I am not signing anything.
As far as I am concerned the dissolution of marriage finished with US Court judgement and I am paying the spousal support and do not want to have anything to do with anything else.
So - their only option is to ask Australian Court to enforce US judgement.
Which is fine with me.
But - they are threatening me (my ex's lawyers) that if I do not sign the documents (which will probably save them time in court and possibly lengthy time to implement it) they (lawyers) sent me a notice how they will be asking the court that I cover all their legal costs.

So - my question to you (finally - sorry :-) :
Should I just ignore everything - as I want to because - yes I resent their approach (my ex could have called me and I'd done it - but now I am not as willing because my signature could possibly lead to something else) ... or is there a real chance they could force legal costs out of me?
I know it all depends on a judge but still ...
1. It's not my problem
2. I agreed to give it away
3. I don't think I need to sign anything nor that I should.

So - there you go.

Any suggestions?

Appreciate your time and look forward to hearing from you


Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question
I shall do my best to assist you although I fear you will not appreciate my response.
The fact is that if there is a court settlement that says she gets this asset then you are expected to do everything necessary to facilitate her receiving this including signing all necessary paperwork.
If they have to go to court to enforce it then yes you will be ordered to pay costs
I appreciate that this is not what you wish to hear but saldy it is the position that you are in
Please ask if you need further details

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