by Ross  15/06/2005  1471 Page Views
0 Comments  Family & de facto law, financial agreements, consent orders

My friends fiancee has concerns for his financial settlement with his now ex-wife of 8 years and if there is a possibility that a further claim against his livelyhood may be launched in the future. I have outlined the divorce settlement & would appreciate input from others. Why is it that a woman whom marries a member of a 3rd genearion farming family, considers that she has the right to hold her ex husband to ransom because of his interest in the family farm.

Scenario

Man meets Woman, call them C (m) & S (f)

C has a grandfather whom acquired land through group settlement scheme.

Grandfather passes on share of farm to C being his grandson whom is married to S, & the other share of the farm to C’s father, enabling grandfather to fully retire.

C & S have their own home fully paid for & everything in it, in town. S runs shop that they also own with S’s Parents. A beach side building block with a mortgage is another asset, along with the 2 cars & household items. All worth substantial amounts

S decides to divorce C & collect what she feels is due.

The house becomes S’s, as well as everything in it, along with the car & the kids, as well as the share in the shop that C financed her to have. Plus another $50K with interest payable from the due date if not received. Along with $200 a week for maintenance of the 3 children. Additional to this it is accepted that he also pay all medical, sporting & schooling expenses on top of the agreed $200 per week.

C is a farmer & doesn’t have the income to support these requests. So C starts to incur interest as well as he has to sell the block with the mortgage, re finance & mortgage his share in his family farms, to the tune of another $50K plus interest. C is left with a debt, no place to live & lots of regrets over his rejection for another within his marriage.

C has to find a job off the farm to support S’s financial demands. C finds job in another town doing 12 hour night shifts labouring to pay S. One day out of 10 he has to come to run the 2 farms some 110 klms away.

Meanwhile S has relationship partner move into the once family home provided by C.

Years pass & C continues to pay his monthly payments and survive through working off the farm for other farmers and the generosity of his now found friend.

 

8 years on C sells share in 1 farm to make life on the other with his friend and so his dad could retire. S now wants to collect his contribution for all of the fees, Dental, travel arrangements for the kids for the past 8 years. They now are young adults &        C pays his maintenance and C still doesn’t earn sufficient to cover maintenance payments without working off the farm

C hardly sees the children as life is considered boring at C’s. Neither modern nor adorned with excessiveness to entertain the 3 materialistic teens during their visits.

C still pays his payments & will continue to do so until youngest turns 18.

S thinks this is fair? Do you?Cry