Unfortunate my wife and I are divorcing. We live outside Australia, and she is quite likely going to return to

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Customer: Hi unfortunate my wife and I are divorcing. We live outside Australia, and she is quite likely going to return to Australia. She has made numerous false accusations against me (some, eg. financial are easily disprovable using bank records etc. Others I cannot completely disprove, but because they didn't happen, there is no evidence for them).
JA: Were any of the assets acquired before the marriage? Or given through an inheritance?
Customer: There are minimal assets. She is refusing to disclose any financial information. I'm not sure what she's hiding (adultery, wasting money, etc), but she is asking me for anything else so I'm not worried about that. What I want to avoid is a situation where she uses those false accusations for defamation.
JA: The Family Lawyer will be able to walk you through that. Have you talked to an Australian lawyer about this yet?
Customer: I have not discussed this with an Australian lawyer. The divorce proceeding is taking place outside Australia. That's not really the issue. The issue is to consider setting a two-way confidentiality agreement to be sure that she does not use false accusations for defamatory purposes in future.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not at the moment that I can think of
Answered by Leon in 5 hours 2 years ago
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Leon
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Leon
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Leon
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Jessica

Jessica

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Leon, Expert

Hi, I’m Leon a solicitor in Sydney. Thank you for contacting me today. Your question is as important to me as it is to you. I am just reviewing it.

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Leon, Expert

Good Morning

Because neither of you are in Australia the Australian Courts cannot deal with your divorce.

It has to be done in the country you are in under their laws.

Once done you can use the orders overseas in Australia to show that you have finalised the marriage.

I hope this has assisted and answered your question today.

Regards

Leon

Customer
Hi thanks for the answer. Yes, the divorce is being done where we live. It's quite likely that my wife will return to Australia. I want to have some kind of protection that can be enforced in an Australian court against any future defamation.
Customer
Eg a mutual non disclosure agreement
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Leon, Expert

You cannot protect against defamation

You can have an order that says nothing is to be disclosed and you will not denigrate each other but that can only be enforced in the country it is made in.

For it to be valid in Australia and enforceable you need to have one prepared by solicitors here and signed here.

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