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My spouse and I have reached a property division agreement after our divorce, but I suspect he may try to rescind the agreement or transfer property to avoid responsibility. I need to know if there are steps I can take to prevent this from happening and how I can protect myself.

If you suspect that your spouse may attempt to rescind a property division agreement or transfer property to avoid responsibility after your divorce, there are steps you can take to protect yourself and prevent such actions. Here's what you can consider:

1. Legal Advice: Seek advice from a family lawyer experienced in property division and post-divorce matters. Your lawyer can review the terms of the property division agreement and advise you on the legal options available to prevent your spouse from rescinding the agreement or transferring assets.

2. Enforceable Agreement: Ensure that the property division agreement is legally enforceable and meets the requirements of the law in your jurisdiction. Your lawyer can help draft a comprehensive agreement that accurately reflects your intentions and protects your interests.

3. Registration of Assets: Consider registering any significant assets or properties awarded to you under the property division agreement to prevent unauthorized transfers or sales by your spouse. This can help protect your ownership rights and provide evidence of the agreed-upon division of property.

4. Injunctions or Restraining Orders: If you have reason to believe that your spouse may attempt to transfer or dispose of assets in violation of the property division agreement, you may seek injunctions or restraining orders from the court to prevent such actions. Your lawyer can assist you in filing the necessary court applications.

5. Monitoring Financial Transactions: Keep a close eye on your spouse's financial transactions and activities, especially if you suspect they may be attempting to transfer assets or hide funds. Monitor bank statements, property records, and other financial documents for any unusual or unauthorized transactions.

6. Document Preservation: Preserve all documentation related to the property division agreement, including copies of the agreement itself, financial records, property deeds, and any communication with your spouse regarding the agreement. This documentation can serve as evidence in case of disputes or legal proceedings.

7. Mediation or Negotiation: If you have concerns about your spouse's intentions regarding the property division agreement, consider reopening negotiations or seeking mediation to address any unresolved issues. A neutral third party can help facilitate discussions and reach a mutually acceptable resolution.

8. Legal Action: If your spouse violates the terms of the property division agreement or attempts to rescind the agreement without justification, you may have grounds to take legal action to enforce the agreement or seek remedies for breach of contract. Your lawyer can advise you on the appropriate legal steps to take in such circumstances.

By taking proactive measures and seeking legal guidance, you can protect yourself and your interests from potential attempts by your spouse to rescind a property division agreement or transfer assets after your divorce. Stay informed about your rights and legal options, and work closely with your lawyer to address any concerns or disputes that may arise.

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Date
4 August 2022
Place
SYDNEY
Appellant
Taperell Rutledge Lawyers
Respondent
Buckley Lawyers
Judge
HARPER
Highlights
These are long-running proceedings between Mr. Zegna (“the husband”) and Ms. Zegna (“the wife”) concerning competing applications for the alteration of interests in property pursuant to s 79 of the Family Law Act 1975 (Cth). The parties’ detailed proposal are set out as annexures to these reasons. By the end of the trial, the wife claimed there should be a property adjustment in her favour of up to 65 percent of the property pool. She proposed this be achieved by a release to her of the entire balance of a controlled monies account, being $1,202,928, the payment to her of four specific sums totalling $2,791,520.34, and a transfer to the husband of her share in partnership property with a release of her liability for partnership borrowings. The husband was self-represented for the first half of the final hearing, by choice, because he claimed representation was pointless. Initially, he made a barrage of allegations that the wife, her family, and her solicitors had entered into a collusive arrangement during the proceedings to damage him through delay, renege on settlement agreements, and to obfuscate and conceal vast assets in Country U, meaning he should receive 100 percent of the parties’ Australian assets plus a substantial cash payment. His perception of fraud and collusion in part led to him propounding numerous irrelevant propositions, and burdening the court with literally thousands of pages of evidentiary material, a good deal of which ultimately played little or no part in his case. The length of the trial was extended as a result. He retained experienced representation for the last four days of the trial, and most of his allegations were not pressed. By the end of the trial, he proposed: The release from a controlled monies account totalling $869,183 to wife with balance transferred to him The same transfer by wife to him by releasing liability for partnership borrowings. He did maintain that there was sufficient evidence to warrant conclusion that wife has failed disclose assets or financial resources in Country U. In summary: -The most material differences between proposals is that wife claims entirety balance in controlled monies account while husband proposes transferring balance plus liability for partnership borrowings
Judgment
The husband and wife are to do all acts and things necessary to close the controlled monies held on their behalf, pay the balance of the funds to a bank account nominated by the wife, and release the wife from any obligation to National Australia Bank arising in respect of mortgage registered number 95. Within 42 days of the date of these orders, the husband is required to pay the wife $32,000. If he fails to comply, a judicial registrar will be appointed to execute a deed transferring ownership of the Suburb AJ property to the wife and releasing her from any debt she may have with National Australia Bank.
Legislation
1.Corporations Act 2001 (Cth) s 176
2.Family Law Act 1975 (Cth) ss 75(2), 79
Other FAQs You may Interested In
1. Despite reaching a settlement post-divorce, I suspect my former spouse may be concealing assets. I seek clarification on the procedures for uncovering undisclosed assets and the legal avenues available to safeguard my interests.2. Following the divorce, my ex-partner is failing to adhere to the agreed-upon terms. I seek guidance on enforcing the divorce settlement and the appropriate legal channels for doing so.3. have observed instances of my ex-spouse intruding upon my privacy post-divorce, raising concerns of potential legal violations. I am interested in understanding the legal protections available to safeguard my privacy rights during divorce proceedings and potential actions to address this behavior.4. My spouse and I operate a business together in Sydney, and with our impending divorce, I am seeking guidance on the equitable distribution of shared business assets and liabilities. Additionally, I seek advice on protective measures for my own interests during this process.5. In Australia. What are child support agreements? Should I obtain legal advice?
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