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.


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