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Overseas Property

Problems and Solutions

It can be very difficult to solve the issue of property under section 79 of the Family Law Act 1975, if you or the partner has property overseas. There can be issues over very different legal systems, corruption, language barriers and issues over the nationality of the person(s) concerned. I shall shortly be posting information on various countries.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
One of the more difficult arguments to get up is how the process of property transactions is effected in other jurisdictions. This is of real concern when it is a only a matter of days that one has to arrest the disposal of property in the other jurisdiction.

It may be possible that Foreign Government representatives in Australia could provide that information in a format that would be accepted as evidence in court.

A register of how property transactions are effected with the Family Court/Magistrates Court by Foreign governments would assist the court to consider matters before it.

An admendment to legislation that would cause a person selling a property subject to proceedings before the court to be responsible for providing the court with evidence from the government from in which the property stands about the selling process. In default of providing this evidence the onus of proof that the transaction has been effected should lie with the party selling the property. Also that in such matters a only documentation substantiating the sale of the property be accepted as evidence that can be considered.

The defence for a scheme to defeat is compact and disclosure, or the lack of it, is a paramount factor in that scheme.

One wonders how the courts would react to one selling packages to persons overseas that are intended to take control and possession of assets of Australian persons. Should the compilation of these schemes be collated and should that list become advertised in another jurisdiction, might that cause the Parliament to admend the Family Law legislation.

A report comes to mind of a woman from either the Ukraine or Russia who came to Australia and cohabited with an Australian resident. Once situated in the home she did get an AVO and managed to displace the man from his most substantial asset, his home. Given that the scheme was based on Australian Government produced material that was intended to reassure that the women when residing in Australia would be entitled to protection, the challenges for the Government and it's employers are real.

Last edit: by OneRingRules


What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
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