Overseas Assets in Property Settlement in Australia

If you are looking for information regarding what happens to assets that are in overseas locations during property settlement in Australia, then this blog may be helpful for you. With more people investing in properties overseas thanks to growing access to information and purchasing power, there is a need to know how overseas assets are handled during property settlement in Australia. Let us get started!

Examples Of Overseas Assets in Divorce Property Settlement

Before proceeding further, let us see a few examples of overseas assets. X and Y are married in Australia and have assets in country A. They now decide to divorce. Another example is X and Y are married and divorced in country A and have now moved to Australia. Whatever the case may be, it is advisable to seek an enforceable agreement in the jurisdiction where the assets are located. This is recommended as rules/laws vary in different countries and agreements made in one country may not necessarily be enforceable in the other country. It is also wise to seek assistance from a legal expert who knows the intricacies of law in both countries.


A few things that are considered during property settlement include the location and nature of the asset/property, ownership details of the asset, the acquisition of the asset before/during the relationship and after the separation, do the Australian courts have jurisdiction to deal with that asset, does the foreign country where the asset is located have jurisdiction to deal with the asset, is it in your best interest to pursue the property settlement in Australia or the country where the asset is located, and if you reach a settlement in the foreign country or Australia, will it be enforceable in both the countries.

Are Your Overseas Assets Included in An Australian Property Settlement?

Overseas assets are considered and are a part of the Australian property settlement. The biggest challenge when dealing with overseas assets is the issue of jurisdiction. As every country has their laws it is important to consider if Australia has jurisdiction to deal with overseas properties or would a foreign jurisdiction be better suited. This is especially vital when transferring property from one person to another or during sale orders. As a best practice, it is advisable to obtain a property settlement agreement in the country where the assets are there. This ensures lesser hassles. You should also consider the costs and complexities associated with other jurisdictions. Your legal advisor will be able to guide you effectively as per specific requirements and conditions.

When Will the Court Make Orders Regarding Overseas Assets?

The country where the separated/divorced parties have a maximum connection will usually be the judicial system that deals with property settlement. This includes the country where the assets are located and where the separated/divorced parties stay. The first step in determining property settlements is identifying the assets, liabilities, and superannuation owned by both parties who are getting separated. Once the details regarding individual and joint assets/liabilities are provided, the court assesses the contributions by each party and divides the property on a case-to-case basis as per individual requirements.

 

If an overseas jurisdiction recognises an order by an Australian court, it will be enforced in that country. It is the decision of the foreign country whether they recognise and enforce an Australian judgement against the property/asset. The Australian court may therefore consider a few things before determining how to deal with overseas properties which include whether the foreign court recognises the Australian orders, the parties’ connection to either jurisdiction, or the costs involved in the process. It is simpler for the court and the parties involved to assess the value of the assets and treat them as a financial resource in cases where there are more complications involved.

Which Country Is Best for Property Settlement?

Determining which country is best for property settlement can be a bit tricky, especially if you have assets in both Australia and a foreign country. The wisest and foremost thing to do would be to get legal advice both in Australia and the country where you have the overseas assets. It is always beneficial to be informed about each country’s way of dealing with property settlement. One should never forget that every country has their own rules which may differ from others and one country’s laws and judgement may not be enforced in another. For instance, some countries may exclude the assets accrued before the marriage and some may not consider the period the parties were in a de-facto relationship. Some countries may not consider inherited assets during the property settlement. Hence, it is always better to get all the information before you commence with filing property settlements.


You can file your proceedings in Australia if either of the parties is an Australian citizen, a resident of Australia, or present in Australia during filing proceedings. The court considers a range of factors when determining whether proceedings should be stayed/dismissed including whether the other country will recognise Australian orders and vice versa, the place of residence of the parties, the connection of the parties to each jurisdiction, and whether there is any advantage in litigating in either jurisdiction.

Can Your Family Law Settlement Be Given Effect in Both Countries?

It is very important to check if the property settlement order can be enforced in both countries. This means you may require obtaining advice in both Australia and the country where the assets are located. If you miss ensuring that the court orders can be registered and enforced in both countries, you stand the risk of not being able to enforce the settlement properly and as planned. Getting in touch with a legal expert is the wisest decision to ensure you are not caught in the intricacies and loopholes of the legal system.

Need Expert Advice About Overseas Assets in A Property Settlement in Australia?

Understanding the legal details can be quite daunting for a layman and having an expert to assist means a lot. Maatouks Law Group is one such renowned and trusted law firm with an experience of 25-plus years. With a qualified and highly-skilled team, we are helping families and businesses with an array of legal issues effectively. Get in touch and our team can provide expert advice about property settlement of overseas assets in Australia. Let us see why you should consider Maatouks Law Group for any legal assistance.

Vast Experience Over 20 Years

Our long-standing experience in the legal industry helps us in understanding the nuances and specific requirements. We are a name you can trust.

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Our expert legal services include conveyancing, mediation and family law dispute resolution, criminal law, traffic law and driving matters, insurance law/disputes, building and construction law, debt recovery, property law, corporate law, wills and estates, litigation matters, home loans and finance, and real estate and property services.

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We understand that legal issues can be stressful and are sensitive to your needs. Our cordial team treats every client with courtesy and respect.

Contact Us

Our experience of over two decades, a qualified and dedicated team, a range of legal services, and positive client reviews make Maatouks Law Group the go-to and trusted law firm in Australia. Contact us for further information.

 

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Key Questions to Ask at Your First Family Lawyer Consultation

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Domestic Violence and Its Profound Effect on Custody Decisions

by Chris Van Langenberg • 27 June 2024
Domestic violence is a critical issue that significantly influences custody decisions under Australian family law. The guiding principle of the Family Law Act 1975 is the best interests of the child, which directs all decisions concerning child custody and visitation. Understanding Domestic Violence in Family Law Domestic violence includes a spectrum of abusive behaviours, such as physical, emotional, psychological, and financial abuse. The Family Law Act defines family violence as any violent, threatening, or controlling behaviour that induces fear in a family member. This comprehensive definition ensures the courts address various forms of abuse. How Domestic Violence Influences Custody Decisions 1. Best Interests of the Child The child's best interests are the paramount consideration in custody decisions. The court assesses several factors, prioritising the child's safety and well-being. Protecting children from physical and psychological harm, including exposure to domestic violence, is crucial. 2. Presumption of Shared Parental Responsibility Generally, Australian family law assumes both parents should share parental responsibility. However, this assumption is void if there are reasonable grounds to believe that a parent (or someone living with a parent) has engaged in family violence or abuse. In such scenarios, the court may grant sole parental responsibility to one parent to safeguard the child. 3. Impact on Contact Arrangements When deciding child contact arrangements, the court considers any existing domestic violence orders (DVOs) and their circumstances. A DVO doesn't automatically bar a parent from seeing their child, but it heavily influences the court's decisions. Depending on the severity and nature of the violence, the court may order supervised contact or, in extreme cases, no contact. 4. Supervised Contact If the court deems unsupervised contact with a parent potentially harmful, it may mandate supervised visits. These visits can occur at a contact centre or under the watch of a trusted third party, ensuring the child's safety during interactions. 5. No Contact Orders In severe instances where any contact with the abusive parent would harm the child's well-being, the court might prohibit contact entirely. This decision prioritises the child's safety and emotional health. Additional Considerations in Custody Cases Involving Domestic Violence The Family Law Act specifies considerations for the court in cases of domestic violence: Nature and Circumstances of the Violence: The court examines the type, frequency, and severity of the violence and its context. Impact on the Child: The physical and psychological effects of the violence on the child are thoroughly evaluated. Parental Capacity: Each parent's ability to care for and protect the child is assessed. Child's Views: Depending on the child's age and maturity, their views may also be considered. Legal Framework and Protections 1. Domestic Violence Orders (DVOs) DVOs are legal measures designed to protect victims of domestic violence by restricting the abuser's behaviour. These orders can prevent the abuser from contacting or approaching the victim and their children, playing a crucial role in custody and visitation decisions by highlighting the need for protective measures. 2. Family Court Interventions The Family Court can implement various actions to ensure children's safety in domestic violence cases. These actions include appointing an Independent Children's Lawyer (ICL) to represent the child's interests, ordering psychological assessments, and obtaining evidence from police and child protection agencies. The court may also require the abusive parent to attend parenting programs or counselling. 3. Mediation and Family Violence Typically, parents must attend mediation before seeking court orders for parenting arrangements. However, in domestic violence cases, this requirement can be waived to avoid endangering the victim. The court acknowledges that mediation may not be suitable when there is a significant power imbalance due to abuse. Conclusion  Domestic violence significantly impacts custody decisions in Australia, with the child's best interests as the primary concern. Courts strive to balance the child's need for meaningful relationships with both parents while ensuring their safety from harm. Legal tools like DVOs and the court's protective measures are vital in safeguarding children in these situations. If you're facing a custody battle involving domestic violence, it's essential to seek legal advice to understand your rights and the protections available for you and your child. At Maatouks Law Group, our experienced Family Lawyers in Sydney can provide the guidance and support you need during this challenging time.

Navigating the Dual Nature of Social Media in Our Connected World

27 June 2024
While the internet has brought the world closer, social media has taken it a step further, making it feel like everyone is just a click away. This connectivity allows us to stay in touch with family and friends, regardless of physical distance. However, this ease of connection comes with a need for caution. As users of social media, we must be mindful of what we share online. This is especially crucial during family law disputes, where indiscriminate posting can have serious consequences. The Impact of Social Media on Family Law: The Real-World Effects of Online Words: It's important to recognise that your online activities can have tangible consequences, affecting perceptions and behaviours. Courts now consider social media posts, comments, videos, and activities as evidence in family law cases. If you're involved in such matters, reducing your social media presence can be beneficial. From Sharing to Sanctions: Social Media Mistakes to Avoid: If you habitually post derogatory content about your ex-partner or share personal details freely, it's time to reconsider. These actions can backfire and negatively impact your case, especially if you're seeking a favourable judgement. Understanding the Legal Risks: Crossing Boundaries: Social Media and Family Law Violations: Section 121 of the Family Law Act prohibits sharing information about your family law issues on social media, with potential legal repercussions. Posts indicating violent behaviour, substance abuse, or other negative traits can harm your case in court. Digital Evidence: How Your Online Activities Can Influence Your Case: Your digital footprint can be scrutinised as evidence, reflecting on your parenting, financial status, and the veracity of your claims. Be cautious with your social media behaviour to avoid undermining your position in custody battles or financial disputes. Critical Missteps to Avoid: Balancing Privacy in Parenting and Property Disputes Online: It's crucial to understand the boundaries of sharing information online, especially regarding your ex-partner, co-parenting situation, or ongoing case details. Clear communication with your ex-partner about what can be shared is essential. Digital Hazards: When Social Media Posts Become Legal Liabilities: Social media should not be a platform for venting frustrations or making threats. Any statements or videos perceived as threatening or self-incriminating can be used against you in court. Choose your online words and actions carefully. The Evidence Factor: Screenshots as Legal Proof: The Digital Evidence You Leave Behind: Screenshots of your online posts can serve as solid evidence in family law cases. They can support testimonies or aid in cross-examinations, influencing the legal outcomes significantly. The Role of Social Media in Financial Disputes: During financial settlements, ensure your social media posts do not contradict your claims of financial hardship. Posts indicating a lavish lifestyle can undermine your case. Strategic Social Media Use: Guidelines for Collecting Evidence on Social Platforms: When gathering evidence online, adhere to ethical standards. Avoid deceptive practices like fake accounts or hacking. Ensure any collected evidence is supported by additional proof. Navigating the Challenges of Digital Evidence: For digital evidence to be admissible, it must be verified and authenticated. Proper collection, storage, and handling are crucial to maintain its validity. Any breaches in this process can raise doubts about the evidence's authenticity. How to Protect Yourself: When to Limit Your Social Media Activity: During legal proceedings, it's wise to limit your social media activity. If you must post, do so thoughtfully, as your posts can be used against you. Enhancing Your Social Media Privacy: Familiarise yourself with social media platforms' privacy settings, use strong passwords, enable two-factor authentication, and be selective about who can view your posts. Precautions and Best Practices: Guidelines for Social Media Conduct During Legal Disputes: Exercise restraint in your social media conduct during legal disputes. Avoid posting impulsively and consider how your posts might be perceived in relation to your case. The Importance of Legal Advice in Managing Social Media Risks: A legal advisor can help you understand the implications of your social media activity, guide you on what to avoid, and advise you on strategically using social media to support your case. They can also educate you on your rights and responsibilities in this context.

Avoiding Ex’s Debt After Divorce

27 June 2024
Navigating a divorce in Australia is challenging, but with proper support, you can proceed smoothly. Separating your finances from your ex-partner is essential and must be done decisively. Open discussions and clear arrangements are crucial to avoid financial confusion later. The Challenge of Debt in Divorce Divorce financial matters involve dividing both assets and debts. Ensuring fairness in both is difficult, especially with debts. Beyond Asset Division: The Hidden Battle of Debt in Divorce Liabilities like mortgages, credit card loans, personal loans, and student debts must be managed when a couple separates. These debts need arrangements for repayment or continued payments. Dividing assets is hard, but splitting debts is more complex, often leading to unfair distribution. Why Debt Division is Harder Than Asset Splitting Partners are eager to claim assets but reluctant to share debts. This common attitude complicates fair debt division. The long-term financial impact and the challenge of equitable debt distribution make it tougher than splitting assets, which is more straightforward. Seeking Fairness in Division Fairness is essential in dividing both assets and debts. Assessing both parties' debt situations helps determine responsibility and whether debts were for mutual benefit. Future financial capacities must also be considered. Equity Vs Practicality: Striving for Fairness in Debt Division Fair debt division requires balancing equity and practicality. While equity involves contributions and financial circumstances, practicality focuses on feasible solutions. Flexibility, cooperation, and open communication are key. A thorough financial assessment, including income, assets, and liabilities, is necessary. The Legal Framework for Fair Debt Allocation: Insight from Family Law The Family Law Act 1975 governs debt allocation for separating couples. Courts consider factors like when the debt was incurred, each party's contributions, and the impact on children in asset and debt division. Practical Steps for Fair Division Regardless of emotions, financial matters must be approached objectively for an equitable debt-sharing arrangement. A Slow and Steady Approach to Debt Division Debt division requires time and careful steps, including gathering financial information, assessing joint debts, prioritising high-interest debts, and exploring options for repayment. Honesty and cooperation are vital. Unveiling Hidden Debts: The Importance of Full Disclosure in Divorce Proceedings Both parties must legally disclose debts and assets during separation. Hiding debts can hinder fair division and lead to legal consequences and trust issues. The Role of Contributions and Circumstances in Debt Division Financial contributions include income, assets, and debt payments, while non-financial support also matters. Financial circumstances, such as income, assets, liabilities, and earning potential, are crucial in debt division. Handling Shared Debts Planning and open communication are essential in handling shared debts. Tackling Shared Debts: Mortgages, Loans, and Unreasonable Debts After disclosure and assessment, careful planning of shared debts is needed. Financial circumstances are considered, and repayment options are explored to create workable agreements. Who Pays What? Understanding the Allocation of Shared Debts Debt allocation depends on several factors, including whether debts were for reasonable household expenses or unreasonable spending. Reasonable debts may be shared, while unreasonable debts typically fall on the borrower. Preventive Measures During a divorce, it's important to stay financially aware to avoid taking on an ex’s debt or losing a claim to an asset. Staying Ahead: Preventive Measures to Avoid Taking on an Ex’s Debt Prenuptial agreements help, but staying aware of earnings, expenditures, borrowings, and outstanding debts during the relationship is crucial. This clarity aids in determining who takes on what debt during separation. Financial Literacy: A Shield Against Post-Divorce Debt Burdens Financial literacy involves understanding financial obligations, budgeting, managing debts, and saving. This knowledge helps avoid post-divorce debt burdens and ensures better financial circumstances. The Power of Financial Awareness in Preventing Debt Disputes Financially aware partners encourage open communication about assets and debts and take proactive measures like prenups. This awareness helps prevent major debt disputes. Taking Control of Your Financial Future Focus on long-term financial consequences and maintain control to ensure a secure future. Reclaiming Financial Independence After a Divorce Assess your financial situation, including income, expenditures, assets, and liabilities, to prevent unfair debt division. Highlight high-interest and long-term debts, and consider your repayment capacity. Seek professional financial guidance for debt-sharing agreements. Legal Recourse for Unfair Debt Division: Know Your Rights If debt allocation feels unfair, seek legal help. A family lawyer can guide you on your rights and assist in reopening your case if necessary, leading to reassessment of debts and assets. Developing a Financial Game Plan Post-Divorce After debt division, create a financial plan for a stable future. Seek professional advice if needed, and design plans that accommodate short- and long-term goals and savings. This helps maintain financial control and avoid future entanglements.

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