by Bluegreen  30/04/2019  3 Comments  135 Page Views
Family & de facto law, financial agreements, consent orders
Hi, my ex and I have reached an agreement on a property split after mediation. Our respective lawyers are now preparing the paperwork, but it's taking a long time. We had mediation March 21 and we are still waiting for the documents to go to court.

My situation is financially dire, and I am keen to be paid out by my ex as soon as possible. And he is keen to pay as soon as possible as he has had to buy me out by taking out a big mortgage and he wants to stop maintenance payments and start paying the mortgage, which is fair enough.

If the papers go to court next week we will have to wait up to six weeks for the court to sign off and consent to settlement payments being made. I accept that the superannuation split has to wait for the court to send papers to the super fund and so on.... but as far as the cash payments is concerned, can this be paid BEFORE the court signs off.

We have had good legal advice, mediation by a barrister, it's all been done neatly and properly. My ex has the money sitting in his bank account ready to go and I have a very empty bank account. Do we have to wait? Or can he pay me at the end of this month (which is what he wants to do). Thanks for reading