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Post by chris on Feb 21, 2012 13:43:33 GMT 7
ok i owne my house payed for it 10 years ago,with all my money,if i get married and my wife lives with me for say 2 years then decides marrige is not for her and we devorce do i have to sell my home and give her half .
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Post by immiadvice on Feb 21, 2012 14:14:44 GMT 7
6 months in South Australia. You don't have to get married either. Just live together.
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Post by Banjo on Feb 21, 2012 14:51:04 GMT 7
I'm not sure we're in the family court line of advice but this was my experience with that august body.
All property accumulated before the marriage reverts to the original owner, houses, cars, money, pets whatever. Property picked up during the period of the marriage is divided at the courts discretion, usually 50/50.
Unless there's kids involved, then it all goes pie shaped.
If you're planning on marrying someone from a third world country and you don't want kids have a little op before hand.
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Post by chris on Feb 21, 2012 15:58:31 GMT 7
ok thanks 4 that,you hear all sorts of things about that ,i thought if i put it on hear some one would no have been through it, i thought that would be the case,surely they could not take your house that you brought and payed 4 ,but i dont think 4 one min that it will ever come to that,but you never no. thanks
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Post by immiadvice on Feb 21, 2012 16:43:07 GMT 7
Pre-nuptial agreement
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Post by Banker on Feb 21, 2012 17:25:48 GMT 7
Chris the best advice would be for you to ask a Lawyer.
A pre-nuptial agreement wont hold water under Australian Law, so I have been told by a lawyer.
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Post by Banjo on Feb 21, 2012 17:49:18 GMT 7
There's certainly been some broken in the US by high profile names. Like I said, if there are shared children it's a whole new ball game.
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Post by howdo on Mar 24, 2012 8:27:00 GMT 7
What are the guidelines re qualification for legal aid? I see the minimum wage is supposedly $1,178,60 a fortnight. As we know, the DSP is well below that. Would I be right in thinking a person on DSP should have no problems receiving legal aid.
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Post by Banker on Mar 24, 2012 9:08:12 GMT 7
What are the guidelines re qualification for legal aid? I see the minimum wage is supposedly $1,178,60 a fortnight. As we know, the DSP is well below that. Would I be right in thinking a person on DSP should have no problems receiving legal aid. Mate, I think a lot depends on which state your in and also the type of case involved. If its for an armed robbery then no problem but for a civil case its a lot harder.
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Post by rowdy on Mar 24, 2012 9:51:16 GMT 7
What are the guidelines re qualification for legal aid? I see the minimum wage is supposedly $1,178,60 a fortnight. As we know, the DSP is well below that. Would I be right in thinking a person on DSP should have no problems receiving legal aid. Mate, I think a lot depends on which state your in and also the type of case involved. If its for an armed robbery then no problem but for a civil case its a lot harder. Banker is right. Legal Aid is means tested, and generally only available for criminal matters. Unfortunately our great legal system in only available to the rich.
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Post by spaceyone on Mar 24, 2012 10:01:55 GMT 7
What are the guidelines re qualification for legal aid? I see the minimum wage is supposedly $1,178,60 a fortnight. As we know, the DSP is well below that. Would I be right in thinking a person on DSP should have no problems receiving legal aid. A friend of mine divorced many years ago using a divorce kit she had purchased through the court house. I think it cost her about $80 at the time. It had all the necessary documents, and all they had to do was sign and lodge them, and it was granted. No lawyers needed. If you aren't going to be squabbling about assets and possessions, it would be best to try to keep the lawyers out of it.
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Post by eight on Mar 24, 2012 13:03:07 GMT 7
I'm not sure we're in the family court line of advice but this was my experience with that august body. All property accumulated before the marriage reverts to the original owner, houses, cars, money, pets whatever.Property picked up during the period of the marriage is divided at the courts discretion, usually 50/50. Unless there's kids involved, then it all goes pie shaped. If you're planning on marrying someone from a third world country and you don't want kids have a little op before hand. If it's still the original car, house, that you had before marriage, it makes it easier, but if its not, it gets more complicated over who paid for what. Hope it's not a Philippina your dealing with. God help you, cause he didn't help me.
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Post by Banjo on Mar 24, 2012 13:26:07 GMT 7
Mate, I think a lot depends on which state your in and also the type of case involved. If its for an armed robbery then no problem but for a civil case its a lot harder. Banker is right. Legal Aid is means tested, and generally only available for criminal matters. Unfortunately our great legal system in only available to the rich. I was refused legal aid for my SSAT appeal. Not sure why, I've got the letter somewhere. Turned out I did ok on my own anyway.
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