International Divorce Property
The client is experiencing a divorce and is focused on property division and entitlements. They have been married for approximately 20 years and have accumulated considerable assets, which include properties in multiple locations. There is a notable mortgage on one of the properties, and both parties have shared ownership of another asset. The client has made ongoing contributions to property expenses during the marriage, although they have faced challenges due to health issues that have limited their participation in the last several years. A formal agreement for property division is in place, but specific marital finances have not been linked to separate inheritances.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow is property that was inherited and then sold before marriage treated in our divorce proceedings?
In Australian divorce proceedings, property that was inherited by a spouse and sold before the marriage is usually regarded as separate unless it has been used for marital purposes or contributed to joint assets. If inherited property was sold prior to marriage, it would not automatically be included in property division unless its proceeds were utilized for the marriage.
What factors do Australian courts consider when dividing property in a divorce?
In Australian family law, courts take into account various factors including financial contributions made by each spouse, such as wages and investments, as well as non-financial contributions like homemaking and child-rearing responsibilities. They also evaluate future needs based on age, health status, earning capacity, and custody arrangements.
Can the fact that we are currently living in another country affect the division of property acquired while we were living in Australia?
Living in another country may impact property division because of variances in legal jurisdictions. However, if the marriage and primary property acquisitions occurred in Australia, Australian law would typically govern the divorce proceedings.
What is the likelihood of reaching a settlement out of court, and how does this impact the division of our assets?
Reaching a settlement out of court is generally seen as beneficial, as it can be more cost-effective and efficient. There is typically a good chance of reaching a mutual agreement, especially given the length of the marriage and shared properties.
