Legal Question in Family Law in Australia

Question regarding separation and settlement

I recently separated from my wife. She kept the house and family car. I am is supposed to receive $30,000 from settlement, however she has not come through with the money as yet. We have a joint loan outstanding for $20,000 which I have agreed to pay off but I am waiting for my settlement cheque from her. The loan is in arrears because she has everything. She is threatening to have that loan directly paid out of mt settlement money without my consent. Is she legally able to do this? I would prefer to pay it off fortnightly and don't want it directly deducted from my settlement money. The loan is in both our names but her car was put up as surety.


Asked on 7/16/07, 10:39 am

1 Answer from Attorneys
Greg Shoebridge Simonidis Shoebridge Lawyers

Re: Question regarding separation and settlement

It depends entriely on what the orders say. That assuems that you have prepared consent orders i suppose. Ordinarily you dont let a debt continue on in say the wifes name with the husband servicing the debt. You would ordinarily oblige him to either pay it out in full or to refinance it into his sole name. otherwise your actions could affect her credit rating and borrowing capacity.

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Answered on 7/30/07, 9:01 am


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