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My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.
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Your decree absolute will be recognised cross border by the UK/ Australia. The legal systems are actually remarkably similar.
However, the decree absolute isn't the end of the matter where finances are concerned.
You would need a clean break financial remedy order to prevent any future claim upon an asset that could be considered a marital asset.
Is this something that was part of the divorce process that you have been through?
Hello, this isn't live chat so please do bear in mind replies aren't instant!
Pre-nups aren't generally recognised in the UK.
As you have an amicable agreement, it would make sense to have this set out in a clean break consent order and submitted to court in the UK for this to be made legally binding. This just protects both of you from claims against the other in the future.
You can apply in the UK even through you have divorced abroad, and if this is submitted by agreement, it will generally be accepted by the court, given that you have effectively shared your assets and also provided a home for the children in doing so.
Happy to help.
I often assist clients with the drafting of this type of document in private practice - as long as you provide the lawyer with full detailed instructions it should not take more than 3/4 hours to prepare a submission for court on the basis of agreement.
So the cost will depend on the hourly rate of the person you have draft it for you.
I hope that assists.
Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.
My pleasure. If you need further help don't hesitate to get in touch.
I think there was a typo - did you mean could the court overrule it?
Yes, technically, but if your agreement is fair, you are in agreement and have both had legal advice on the contents (and perhaps more importantly the children are provided for with you) then the judge isn't going to find much wrong with it.
I hope that assists?
Yes in the circumstances this could be seen to be fair. Her housing needs are taken care of, she has land in her home country and she also has a new partner (their income would also be relevant).
You have full time care of the children and no child maintenance is being paid.
I think this could certainly be approved.
My pleasure. If you do get to the stage where you are looking at drafting court papers you can come back to me and I'll see if I can assist with that, as I said this is something I frequently do in private practice. I'll drop in a premium service offer for direct contact if you do wish to discuss further.