11 Comments Family & de facto law, financial agreements, consent orders
I think you need to see this through. That can mean a letter from a solicitor and if there is no response then apply to court. Self representing is possible and if the kitty isn't that big then it is worth considerig. The fact is at some point you will want to move / sell the house and then what???? If his name is on the title you will not be able to proceed with the sale. It may be that is what he is hanging out for, once you say you want to sell he can say well you will not get the proceeds from the sale unless blah blah blah. He will feel he has all the bargianing power?
Just my thoughts based on the information provided.
[QUOTE=Angels3] I still have not done property settlement with my ex husband. Separated 4 years, divorced about 3. ......... So the big question is what do I do now? Get the mediation certificate, write up consent orders with a solicitor? [/QUOTE]
As I read it, you will also need leave from the court to file for an out of time property settlement. The cut off is 12 months from the divorce.
MartinO 2014-02-03 15:01:49
Angels3, As Martin said you will now need leave of the court to file an out of time property settlement. The requirement to file property proceeding is noted on the Certificate of Divorce you would have, there is a note included which clearly states that the parties only have 12 months from the date of divorce to make a Court application. You are going to have to prove significant hardship in order to file. The court requirement to file property settlement proceedings within the of the divorce is taken very seriously by them.
I do not know what that the total property pool is but with out leave of the court your best option for closer might be something along the lines of a 55/45 split and consent orders.
Good Luck and let us know that happens
This is not legal advice. I am not a lawyer nor do I play one on TV
Thanks all. Your advice is much appreciated. I did call a solicitor that represented me a year ago via Legal Aid and she said I'd be better off dealing with this in Property Law. Settle for 50/50 and sell. If he doesn't agree I can appoint someone to take over the sale. My ex says he will not sell under a certain price and this way he would have no say. She said that to take this through the family courts yes I would have to file for out of time and that it would not necessarily be accepted. She also advised me that not only could he claim the house and my super but also money that I inherited a year ago from my deceased father. I really don't know what to do.
Super, cars and a house... if you cannot reach agreement with the ex I would be applying for leave from the Court to apply for a out of time property settlement straight away and see what transpires.
If no luck, then you really will need to consider attempting further negotiations with the ex and unfortunately for you the % split may not be what you would have otherwise been entitled too.
I have offered to settle 50/50 on the house as from my understanding this would be more straight forward and dealt with under property law then to take the matter into court for family law. The court may not accept the out of time problem anyways. I am yet to get a response. My ex would be getting the same amount this way as if we did it as originally intended 60/40 of total assets so he should be agreeable. But knowing my ex it will be a battle and not something done easily unfortunately.
Ok gang possibly some progress. I had a talk with the ex today and we have verbally agreed to a few things as I was on my way to force the sale of the house but trying a gentler approach first but I know I need to step warily. We have agreed to split the house 50/50 and I have asked him to book the solicitors next week to organise to sever the joint tenancy and convert it to a tenancy in common. Do we put this in consent orders with the solicitor? I need to make sure that he doesn't come back to take my super, car inheritance etc so how do I do that? He said that he could charge me rent then but wouldn't? What are the conditions to this change with regard to costs of the property etc? He also wants me to stop child support so that it is a private agreement. I figure that this will be a move on for me and when life gets a little more settled perhaps I can sell later? I understand now why he has been avoiding the sale of the house. He is hoping that in 18 months when my eldest a daughter leaves home he can come to the house and live with the boys as he knows that I will want to move away with my daughter. I do believe who has the children should be living in the house but he has only 1 child 65%. Gotta love his cunningness. He's a true blue opportunist indeed.
Possibly he has always dictated the terms Dazza1 I am tired, worn out and gullible and soft. Basically I am trying to achieve property settlement on paper without going through the court processes to move on in life after 4 horrid years and most importantly do what suits my children best. Sadly this is a guy that I invited into this country with 45 kgs, one who has bludged off me all his life. He has only worked only for 1 year of his life ( during our custody court battles) but didn't last with having to declare his income, so he sells his jewellery and farm goods at markets and works cash. He declares $5,000 a year as income and child support believe him.He won't go on the dole as they would make him work. He pays half of school fee costs for our 2 sons $2,000 per year but refuses to pay that of my daughters $2,000 and that is why I set up child support. He agreed to the school. Yet I have to battle with child support every 2 years to get enough to cover 1/2 my daughter's fees. Just not worth the paper work and stress and dealing with child support. Hence a private agreement may work. Figures are not going to help me really. I have originally put $70,000 into our now mortgage free home which therefore we only ever had a $40,000 loan for. I came with savings, huge super, expensive car and all furniture but in a long relationship this doesn't matter. Really I am thinking that the best way is to sign it all up in a water tight property settlement and head north with my eldest 2 children who are both struggling like me. I will like to spend time with my ageing mother (80) whom I am close to, starting a new life with my sad teenagers. I will have family, connections, opportunities to work ( I am isolated on rural property now). My sadness is in doing this I have to leave my 7 year old behind with his father as there is no way he would allow me to take him. So my only gift for my youngest son would be that he could live in the family home with his father. I save 3 of us this way. The 2 eldest refuse to see their father as he really doesn't care much for his kids if they don't follow his partying hippy life. In a few years to come I will probably be back in court rescuing my youngest son when he too decides that he is tired of life on the party circuit with Dad. Just as I did for 3 years with my eldest 2 children. A difficult move but one that has to be done. I would see my youngest in the holidays.