4 Comments Family & de facto law, financial agreements, consent orders
In theory you should mediate first, but it may be they will give you a certificate to commence legal proceedings. However, some points,
- do you have a CSA in place?
- you will need to have parenting arrangements, unless he doesn't want access to the kids,(or you don't if he has them). You can do it by consent or end up with the court making orders. If needs be contact can be supervised or through contact centres if the VRO warrants it,
- a court will put in place property orders if you cannot consent as well. That means the houses will be sold if needs be.
A property settlement depends on many factors such as relationship length, who has the kids and how old they are. If there is equity in the houses it will be distributed. Settlement will be based upon your combined total assets including any super.
If you are married you don't need to divorce to get this moving and sorted. Divorce would be on 12 months separation, if you commenced court proceedings providing you have a contact address you can use a process server. Be warned, even with consent it could take months and the courts move slowly, although if you start legal proceedings you can still settle any time.
Thanks so much for the advice so far
Mediation is in process for the kids at the moment and a parenting plan will be in place shortly
The VRO is from me against him
No child support has been paid so far
I have paid bills on the house I want to sell and paying for rent plus working
I have not been paying the mortgage
We are married, separated for 6 months so far
There are no mediation people for property where we live
There will be no equity if houses are sold and more lowly a small debt
CSA should take care of child support, including assessment and chasing him up for debts,
You ought to see your lender to see what they can do for you by way of interest only or some other form of relief until you settle on the houses.
Super is included so if you have no savings between you, but there is super, that can still be split. Also your future earnings and needs factor in. Check to see if you can mediate your property matters by phone. It may not need to be in person.