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Peter Collins
Peter Collins,
Category: Australia Law
Satisfied Customers: 8307
Experience:  Barrister at Self Employed
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I am here in the uk with my two young children .looking into

Customer Question

Hi .I am here in the uk with my two young children .looking into equity release so I can make our home bigger ,which will enable myself to get live in support to help with school runs etc ( student or lodger )as my ex wife is back living in Australia ( we we also previously lived several years ago ) we have only just done the divorce absolute ( due I herself being in another relationship there .neither her or her new partner have UK citizenship or rights to come live and work here.). The equity. People are asking if the UK and Australian decree absolute have the same legal standing ? As to if the ex can make a claim on the property here .we have split amicably with herself keeping the land and two shops I had bought in her home country of Thailand and myself keeping the home here ( previously rented out ,that we are now back living in ) would she not living here be able to make a claim ? Kind regards ***** *****
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: What state ? We are in Hampshire England
JA: Has anything been filed or reported?
Customer: she is back in Australia
JA: Is there anything else the Expert should know before I connect you? Rest assured that they'll be able to help you.
Customer: no that’s all thanks
Submitted: 12 days ago.
Category: Australia Law
Expert:  Peter Collins replied 12 days ago.

Good morning.

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.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

Customer: replied 12 days ago.
Thankyou
Expert:  Peter Collins replied 12 days ago.

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?

Customer: replied 12 days ago.
No as we separated and divorced amicably with myself having full custody of our young children and the agreement of her wanting and keeping the land and ships back in her native country ( Thailand ) and myself the home here .
Customer: replied 12 days ago.
This clean break order is from the uk or Australia ?
Customer: replied 12 days ago.
The only other paperwork was a prenuptial we made and prior to have
Ing the children
Customer: replied 12 days ago.
We have not done any other paperwork other than the divorce papers
Customer: replied 12 days ago.
Is the prenuptial worth anything here in the uk ? It was again dove in Australia
Customer: replied 12 days ago.
Hello anyone still there ?
Expert:  Peter Collins replied 12 days ago.

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.

Customer: replied 12 days ago.
Ok thank you for you assistance .I’ll look into this and the costs involved.kind regards Paul
Expert:  Peter Collins replied 12 days ago.

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.

Customer: replied 12 days ago.
Many thanks again
Expert:  Peter Collins replied 12 days ago.

My pleasure. If you need further help don't hesitate to get in touch.

Customer: replied 12 days ago.
Just one last question .I’ve just had quick look about this order .am I correct in thinking even though we have arranged and split things amicably the court could I we rule it ?
Expert:  Peter Collins replied 12 days ago.

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?

Customer: replied 12 days ago.
What is fair in a judges mind ? She is 35 I am 55 .we have been married 10 years .the children are now 7&9 .As an over view the home here is worth £400k but she has never paid toward it or lived in it as we were overseas . The land is worth £100k in Thailand ,again I fully paid for it .And what was the marital home in adelaide will be split 50/50 or I buy her out again she has not paid anything to that in any shape or form even in a day to day basis ( food , petrol bills etc) . And not even Shown any interest in it for the 5 years we live in it or the children hence the divorce . And she is not paying anything towards the maintenance of the children ( as she’s too lazy to work and has moved onto a richer new partner who pays for everything ) .would this be considered a fair split ? thank you again
Expert:  Peter Collins replied 12 days ago.

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.

Customer: replied 12 days ago.
Many thanks again
Expert:  Peter Collins replied 12 days ago.

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.