Even though Keith* continued to work full time in a fairly well paid job, he became bankrupt shortly after his separation from Jenny due to debts incurred during the relationship. We assisted Keith in his bankruptcy matter by corresponding with his trustee in bankruptcy. We informed the trustee they had been incorrectly posting their correspondence to the address of Keith’s property which had been sold by the trustee. Despite Keith informing them of his change of address, they had not changed the details on their system and therefore he was not receiving any correspondence. Keith found it very difficult completing the necessary paperwork so we assisted him with that and explained the process to him.
At the same time we assisted Keith with his family law property settlement proceedings. Keith’s ex-wife Jenny* attempted to obtain a property settlement. She applied to court over 1 year outside the time limit, and made her application approximately five years after separation. She sought more than half of Keith’s superannuation entitlements despite the three children of the relationship living fulltime with Keith and Jenny was paying minimal child support as she was unemployed. Keith had very minimal assets himself. Jenny had already received a substantial payment from the sale of the matrimonial home. Keith’s entire share went to pay creditors.
We assisted Keith to draft the necessary court documents to respond to Jenny’s application. We pointed out inconsistencies in Jenny’s court documents which were instrumental in the Judge’s final decision. Jenny was not granted leave to proceed out of time. Keith retained his entire superannuation entitlement of approximately $100,000.
*Actual names have not been used.