2 Comments Family & de facto law, financial agreements, consent orders
Your best course of action is to move the matter into court as quickly as possible. Drop down to your local Federal Magistrates Court and speak to the registry staff and they can give you advice on the process and which forms to fill out and file. They wont give you legal advice just process information.
Your solicitor should have outlined all this for you and informed you that while it is best to reach a mutual agreement in the end the court will impose a settlement.
The court will divide the assets and liabilities between the parties starting at 50/50 and adjusting one way or the other depending on length of marriage, children, current income,future earning capacity, assets brought into the marriage, superannuation and a whole host of other factors. Part of that settlement may be an order to sell the house.
If your asset pool is small and you believe that the will be little to divide then you could consider handling the matter yourself. This forum and many other source of information can provide some guidance.
A property settlement involves more than the house; all assets are included in the property pool: house, furniture, cars, bank accounts, investments, and superannuation.
If the couple can agree on the division of all property, it can save some expense, however if they do not, the family court is the only alternative.
Have you filed an application for a property settlement?
Take a look at this page. Once you have read that take a look at the link at the top left.
EDIT: Sorry posting at the same time.
MartinO 2014-01-30 20:57:12