Ex owes me money, haven't divorced yet
Printed From: AussieLegal
Category: Family Law, Defacto Law
Forum Name: Divorce, Consent Orders, Binding Financial Agreements
Printed Date: 19/January/2018 at 10:29
Topic: Ex owes me money, haven't divorced yet
Posted By: Nugget74
Subject: Ex owes me money, haven't divorced yet
Date Posted: 03/January/2018 at 17:38
My ex husband and I separated over a year ago.
We have agreed to do a joint divorce because we both know it's the right thing to do.
When we separated he agreed to pay my car payments and CC debt but since our split he has been redundant twice and not able to cover the payments. I have also loaned him $7,000+ during this time of financial hardship.
There's no way of him paying me back any time soon and I'm wondering if the money can be repaid using his super?
Posted By: emca01
Date Posted: 04/January/2018 at 08:14
nope- even super is a problem... If he wont agree to pay it back then off to court you go and given the amount you're talking court ain't worth the stress...
Plan B - If you guys write up consent orders and both get independent legal advice then the consent orders will be stamped by the court and be legally binding.. It could include a split of his super BUT not to your bank account as cash - it can be deposited into your super account and you can not access it until you're old.