[kim lee]

Hi, I have a brother. For some reason, he left his country and his wife to migrate to Australia. They do not have children and at the moment his wife is still single. After 20 years of hard working he saved $500,000. Then his girl friend moved in together with him for about 10 years. During that 10 years he earns $ 300,000, his girl earns $200,000. Total fortune combine are about $1,000,000. Now, his girl friend has cancer, doctor predicted 3 months to live. she files a divorce to claim 50% of that fortune and plan to leave all the money to her own brother and sisters. She has a very high chance to succeed that wish.

So, to be fair, can my brother:
Leave half of his first $500,000 fortune to his officially wife still living oversea (50% of $500,000 = $250,000 )? Then happily divide half of his fortune to his unfortunately terminal ill, confine to bed girl friend that has about 3 month to live,? Then she can distribute her last fortune to member of her family.

Thank you so much!

[smoothy]

His wife is still single? How does that work? DO you mean EX wife as in divorced?

[stinawords]

I'm confused. How can his girlfriend file for divorce? That is only something you can file for if married to begin. When he left did he and his wife get divorced so it is his ex wife he is wanting to split money with?

[AK lawyer]

It appears that he is still married to his wife he left in the U.S. The "girlfriend" is simply that: she cannot divorce him because she is not married to him (I am fairly confident that the law in Australia is similar to that in the U.S. any purported marriage to the girlfriend in Australia would be void because he is already married).

However he and the girlfriend may have some sort of a business partnership, &/or the Australian assets are owned by them in common.

[ScottGem]

First, there is no indication that his original country is the US. But there is a big question of whether he divorced the wife he left behind. That question needs to be answered as well as the question of whether he married his Aussie girlfriend (otherwise she can't file for divorce).

[Fr_Chuck]

If he did not divorce his wife in America, and his wife in Amierca did not divorce him, they are still married, and he is not married to anyone else. (Unless living in nation that allows more than one wife)

So his girlfriend can not divorce him, and has no claim to his money.

[J_9]

Am I missing something? Where was it ever said that the brother was married in America?

[AK lawyer]

J-9, you are correct. As Scott pointed out, we don't know where the wife was left. But it really doesn't matter where she is. The answer is the same I think unless it 's some very foreign place where the marriage laws are totally alien.

[AK lawyer]

Like British East Africa in the early '60s, for example. :)

[ScottGem]

Like British East Africa in the early '60s, for example. :)

I was thinking more like Mars or Venus ;)

[AK lawyer]

Ah, Scott. I'm guessing you are not into "Birther" lore enough to catch my drift. :)