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Any claim to future assets?

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Tink88 View Drop Down

Joined: 07/March/2014
Location: Australia
Posts: 4
  Quote Tink88 Quote  Post ReplyReply Direct Link To This Post Topic: Any claim to future assets?
    Posted: 12/August/2017 at 14:03
My husband & his ex divorced 7 years ago and have never filed consent orders to finalise the split of assets (basically they took their own cars at time of separation, there was no property or savings to split). The only thing left to split would be super, and the ex has advised previously that she has withdrawn all of her personal super and spent already, leaving only my husbands to split. We did try to formalise the orders years ago, but the ex refused and after a few failed attempts we stopped persisting.

Both parties now have new families and only the ex wife has acquired new assets since the split (houses, cars, caravan & boat that we are aware of!) We also have 85% care of their 9 year old son.

My question is, does his ex have any claim to his super given the amount of time that has passed since the divorce & the fact that we have primary care of their son, and would she have any claim to future assets that my husband and I purchase together?

I believe that her assets have been purchased in the names of her family members, so I am concerned that she may try to take half of future property in my husbands name (given the chance) whilst still keeping her own assets. Or if she did try to get half of our assets, would we have fair claim to her new assets even though they may not be in her name? Not that we want to even go down that path, but we want to protect ourselves if she makes the first move.

We are looking to buy a house & the ex wifes long term defacto relationship is on the rocks, so we feel like she may start to try & rock the boat in the near future..

Any advice?

emca01 View Drop Down
Legal Guru
Legal Guru

Joined: 20/July/2012
Location: Australia
Posts: 2251
  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 12/August/2017 at 21:29
Nope... parties have questions yr from time of divorce to make a claim for assets. So 7 yrs has passed? Sweet. No prob

immscams View Drop Down

Joined: 27/September/2017
Location: Australia
Posts: 8
  Quote immscams Quote  Post ReplyReply Direct Link To This Post Posted: 27/September/2017 at 09:54
Originally posted by emca01

So 7 yrs has passed? Sweet. No prob

Interesting as I'll need this information in the future.

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