On Divorce in OZ, Who is Entitled to Retain Inherited Property?
I haven't read anything indicating that the money wasn't hers according to Australian laws.
Any link or reference to a post?
TIA
@jjleroche Good question. I don't have a solid answer, but from what I've skimmed re OZ. laws, a couple may enter pre-nuptial or ante-nuptial agreements re property division/settlement, or at time of separation or divorce, per OZ Family Law Act.
"Part VIII—Property, spousal maintenance and maintenance agreements 306" *
www.legislation.gov.au
Did they (their attys?) reach a property agreement, authorized by ^ statute? IDK.
Or did the court direct property division for them? IDK, but if so, here's info from a Victoria law firm discussing FACTORS OZ COURTS CONSIDER:
"In most cases, Australian courts will consider the totality of the property available for division between the parties. How and when the property was acquired and each party's contributions to property may ultimately have a substantial impact on what each party keeps as their final property settlement outcome.
"Can I protect particular assets from a property settlement in the event of a separation?
"As demonstrated above, property is defined broadly for the purposes of Australian family law proceedings.
The only way parties can quarantine or protect particular assets or financial interests from a property settlement claim is to address the division of assets (and exclude the jurisdiction of court) by entering into a financial agreement at the commencement of, during or after a relationship/marriage, pursuant to the Family Law Act 1975 (Cth)."
Same law firm:
"Ultimately, unless a financial agreement has been properly prepared and entered into, a former partner may be entitled to property that one party intended to quarantine from a property settlement upon separation – notwithstanding any private understandings or any other agreements that the parties may have had during their relationship."
What is "property" in Australian family law? | Lander & Rogers
^^^ imo ^^^
If any of our verified legal professionals (esp'ly from OZ) has rung in on this topic, I've missed it.