8 Comments Family & de facto law, financial agreements, consent orders
One thing I learned, if DONT SIGN. Especially if you are under pressure.
Regarding ongoing costs (living), have you thought about putting in an urgent application to the courts for interim spousal maintenance?
I signed under pressure of my house being taken away. And have been advised that as I had legal rep its almost water tight & cannot be reopened. I've also been advised that usually each party bares own costs - very hard to get costs awarded. However, I got coped with my ex's costs on an urgent application (but pending final orders). I understand if you have done everything to try and resolve & have offered a better deal then what courts end up deciding, then it could be a possibility. However remember, it is in reference to a schedule of costs - so wont be the total of your legal bill.
but Ditto on having a nice comfortable life taken away from you & living off centrelink.
Without prejudice documents are usually those that contain an offer of settlement. What you have is a signed & dated HOA that came ito being as a result of an hours worth of negotiations.... I would be very surprised if his solicitor is successful in having it excluded from evidence on the principal of it being a without prejudice document..... Just my opinion..
jaazzz 2014-01-17 00:52:43
Thanks Rannii & Jazz.
The HoA was signed and dated and we then went in front of the magistrate to state we had reached an agreement in October 2012. Ex's lawyer firstly stated (at the following conference after the house sold) that we had misinterpreted the HoA, now they're saying that it should be entirely excluded. We did have many back and forth offers that were "without prejudice" and were treated as such but never came to an agreement on them.
His girlfriend (that he left us for......doesn't matter, I know) wrote an affidavit stating our son requires minimal supervision and is very capable of looking after himself. I have eight from independent sources (dr's, teachers, carers, etc) that states our son is very low functioning, doesn't sleep, poops everywhere (eats it too....ick), is non verbal, partly deaf, incontinent, etc. Does having affidavits from "neutral" sources outweigh the one that she has written (as his defacto)? I know this sounds petty but can I also bring her to the stand during our trial.
Ugh, also, ex is refusing to provide any financial details for the past year which has resulted in me having to subpoena the share registeries, his work and his superannuation company.
Any thoughts on having assets removed post separation? My role has not changed since we were married and, in fact, has increased as I'm now the primary carer.
Jeebs 2014-01-17 12:16:29
UPDATE: Ex has just engaged Senior Council to be instructed by his Lawyer. My lawyer has advised we should do the same. Naturally this is going to cost more $ but I don't have any as ex still refusing to release any funds. Had an interim application in but have also just received our trial date of March 5 and FCWA won't list the interim hearing as the trial date is so close.
Any experience/advice regarding my ex being able to remove post separation assets from pool? He's not excluding his new car, just his superannuation, cash, shares and bonuses (which are very substantial). He is also insisting that my assets (minimal super, small amount of $ in bank) are included up to the current date.
Appreciate any thoughts on this.
His girlfriend (that he left us for......doesn't matter, I know) wrote an affidavit stating our son requires minimal supervision and is very capable of looking after himself. I have eight from independent sources (dr's, teachers, carers, etc) that states our son is very low functioning, doesn't sleep, poops everywhere (eats it too....ick), is non verbal, partly deaf, incontinent, etc. Does having affidavits from "neutral" sources outweigh the one that she has written (as his defacto)?
In my experience of the legal system, the affidavits from qualified persons far outweighs anything else.