Property issues after divorce

jan (Querist) 16 May 2014 This query is : Resolved
Hello;

This is something i am asking just for my own safety.

I am married to an australian citizen in australia. Our marriage is registered in Australia.
This is my second marriage.

I am not an australian citizen.

I happen to have ample of my own property and money received from my previous alimony saved up for my daughter and our future.

What i want to know is that tmrw in event of my marriage breaking down.

1. Can he claim my premarital property?
2. Is australian family law or any ajudication valid in india.?
3. Is australian marriage even valid in india?
4. Is a statutory declaration signed by both of us to not claim any part of each other's property before marriage legal in court and will that be sufficient in case the need arises?

5. Since i am not earning right now and will be earning less than him later too. as its not easy to gain any ground in a foreign country. Will i be able to claim compensation for my daughter and me. (she is his step daughter).

6. Plus whose liability here is more . mine or his. As i wonder why is he not bothered about protecting his house and property he has earned here.

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Devajyoti Barman (Expert) 17 May 2014
1. No
2.Yes if you participate in the legal proceeding pending there.
3.yes
4.Yes likely depending upon the actual wordings of the agreement. A thread bare reading of the same same is hence required for better advice.
5. Yes but for you only not for his step child.
6.Both of yours.

Guest (Expert) 17 May 2014
Well advised by Shri Devajyoti Barman.

T. Kalaiselvan, Advocate (Expert) 18 May 2014
I agree with expert Mr. Barman's opinion to the issues raised by the author.

Surrender K Singal (Expert) 18 May 2014
After marriage both spouses are equally responsible / entitled to property - why should any of you relinquish his / her right therein; It is still in your favour if he is not bothered and you are taking care of such assets which do belong to you as well after you married him legally

jan (Querist) 20 May 2014
Thank you mr Barman.
It was nice to hear the first "no".

Could you kindly explain to me the second point where you say something about participating etc.
Also could you reflect more on the no1. NO.
Why do you think he can't claim the premarital property?
I am under the suspicion that he married me for that too.

So since my said assets are basically my alimony from my last marriage.
And they are in my own name. And i have not even changed my name at all. Or have nothing in our joint name. ITs all in my name and nominee my daughter.
Also should i make a will regarding this that all i own should go to my daughter.

And should i have to make this agreement in India as the property is in india. Or can i do it here in Australia?

Plus recently i am more apprehensive becos once i heard him mention in one of his drinking binges that he has learnt a lot from his earlier marriage and that he knows now to arrange all his assets to appear in debt.

" She (meaning any future partner who claims any thing ) is welcome to my debts ha ha"

Also i remember i did mention prenup many a times but he evaded it. I didnt see it so important then. Also becos it was a visa issue i was more worried about. But now come to think of it .I feel a little uncomfortable that he actually is giving thought to hiding his assets and making them look like debts when he is not bothered about securing me.

Thats looks a little greedy to me.

ajay sethi (Expert) 20 May 2014
in the event your husband files for divorce in Australia and you appear in court and participate in the proceedings by filing your reply and attend court proceedings the order passed by Australian court would be valid in india .

Property issues after divorce

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