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Apply for Backruptcy after Family court decision

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Master Dong View Drop Down
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  Quote Master Dong Quote  Post ReplyReply Direct Link To This Post Topic: Apply for Backruptcy after Family court decision
    Posted: 18/August/2017 at 11:03
Hello and I am hoping someone out there can help.

My x wife basically went loopy, she started dropping off the kids and going out with her boyfriend for days without answering her phone. Now she wants me to pay for her lifestyle but she is not happy with 60 or 70% of the asset pool (we currently have 50/50 care with out a formal agreement) she wants the whole lot of the asset pool so she is going for stress conpensation and saying I was an abusive husband, etc. She is constantly going to the Police and to the courts to try to stitch me up. Its a nightmare. The local Police know me by name and I have never committed a single crime.

She is currently about to be charged with assault for punching me after separation, I don't know why the Police are delaying the charges?

I thought we would settle property and parenting by consent but even when I agree to all her demands, she still gets angry and stops negotiations. It makes no sense at all.

I am just about to put the application into family court but I have a big problem with this, it won't work for me. I need to spend thousands for lawyers and baristers, valuations, psychiatric evaluations, etc. The asset pool is too small for this! and most importantly, I need to convince a judge that she is lieing and manipulating me to gain a larger portion of the assett pool, seems like an impossible task.

Do I have the option to go through Family court, then file for bankruptsy in the event the court decides too far in her favour? Is this an option for me?




emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 18/August/2017 at 14:00
outline what the assets are and who currently has them... Include the same for debts.
Is there a house? does it have a mortgage? how much do you owe?
The more details you give the better the advice you'll get from a site like this.

Master Dong View Drop Down
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  Quote Master Dong Quote  Post ReplyReply Direct Link To This Post Posted: 18/August/2017 at 15:45
There is one house in both names and no mortgage
No debts
4 kids at primary school

smurfergirl View Drop Down
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  Quote smurfergirl Quote  Post ReplyReply Direct Link To This Post Posted: 18/August/2017 at 18:10
I fail to see what going bankrupt would achieve, as that only applies when you can't repay your debts and a Family Court judgment merely decides who gets what, so going bankrupt won't stop that and you cannot encumber the marital home, as this will go against you.

It is highly unlikely that she will get 100% of the assets but she may get a higher share of the assets if she needs to retrain or has care of the children.

The court also takes into account other assets like superannuation.

Your best option is to file, as it often brings things to a head and people are usually given a reality check when their crazy is on show.

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 18/August/2017 at 19:14
who is living in the house?

Master Dong View Drop Down
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  Quote Master Dong Quote  Post ReplyReply Direct Link To This Post Posted: 18/August/2017 at 20:22
You said family court decides who gets what, but what if I am ordered to pay more than what we have?
For example, she is claiming years of unpaid wages in our family business (we used income splitting to reduce the tax bill)
What if I have spent the cash savings? Wouldn't I be ordered to pay that back?

Master Dong View Drop Down
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  Quote Master Dong Quote  Post ReplyReply Direct Link To This Post Posted: 18/August/2017 at 20:23
I am living in the marital home

smurfergirl View Drop Down
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  Quote smurfergirl Quote  Post ReplyReply Direct Link To This Post Posted: 18/August/2017 at 20:50
The Family Courts don't care about what happened in the past and what was decided between couples during the marriage. It is not a bean counting exercise.

All they care about is what there is left and how it is to be divvied up.

Master Dong View Drop Down
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  Quote Master Dong Quote  Post ReplyReply Direct Link To This Post Posted: 18/August/2017 at 22:11
My x tried for months to get me on an intervention order protecting her and the kids.
I was informed she was doing this to discredit my character and get a larger percentage at settlement.
Her lawyer also came into the magistrates court and tried to convince the judge to include the children but the judge refused.
There must be some weight on what happened in the past, if not, why would they go to all this trouble?

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 19/August/2017 at 07:22
hang on a minute... You've got this all wrong... She is paying rent? you are living rent free in a property that she half owns. Technically, she is entitled to half the rental income that the place could earn..

Get divorced... Simple. She then has a year to sort out financials. As far as I can tell if you're living in the primary asset? then why are you worrying.

She isn't gonna get 'stress compensation'. So My thoughts. Just keep doing what you're doing. Keep paying the bills, etc etc. and enjoy 50/50.

So get divorced, she will then not have a claim on your assets like super, once a year has passed, then the only legally shared asset is the house and you can live there rent free until she gets a court order for you to sell it...

Mate as far as I can tell you're on a winner. Why rush things.

Master Dong View Drop Down
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  Quote Master Dong Quote  Post ReplyReply Direct Link To This Post Posted: 19/August/2017 at 10:19
Thank you all for the advice. I must say, the advice I am getting here is totally different to what I am getting elsewhere.

She refuses to sign the divorce papers, she has been advised that she is entitled to all the money I make now (even though it is 1 year after separation) because we are still legally married.

Master Dong View Drop Down
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  Quote Master Dong Quote  Post ReplyReply Direct Link To This Post Posted: 19/August/2017 at 10:25
She is terrible managing her money and she doesn't have enough.
Should I give her more money weekly?
My legal advice is no, stop giving her extra money.
Her lawyer is claiming that I am commiting financial abuse. This is very concerning to me.
I was paying her more money BEFORE child support got involved.

Master Dong View Drop Down
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  Quote Master Dong Quote  Post ReplyReply Direct Link To This Post Posted: 19/August/2017 at 10:27
Sorry I missed that question, she is paying rent!

smurfergirl View Drop Down
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  Quote smurfergirl Quote  Post ReplyReply Direct Link To This Post Posted: 19/August/2017 at 13:17
She is only entitled to child support and her solicitor can claim what they like, they don't act for you, they act for her.

smurfergirl View Drop Down
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  Quote smurfergirl Quote  Post ReplyReply Direct Link To This Post Posted: 19/August/2017 at 13:18
Oh and she doesn't have to sign for the divorce papers, they can be served on her by a process server, who can sign a declaration that they served them on her.

Irish View Drop Down
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  Quote Irish Quote  Post ReplyReply Direct Link To This Post Posted: 09/September/2017 at 11:56
If you pay only what csa says then you are meeting your legal obligation.. Sounds like you are getting sh*t advice from whoever is helping you. Get the divorce moving, she can't take whatever you are earning from the time of the split.
People like to throw out all these ideas they have about what is legal and not legal when in reality they are hoping you are stupid and don't research and give them whatever they ask for.

immscams View Drop Down
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  Quote immscams Quote  Post ReplyReply Direct Link To This Post Posted: 27/September/2017 at 09:48
Originally posted by smurfergirl

Oh and she doesn't have to sign for the divorce papers, they can be served on her by a process server, who can sign a declaration that they served them on her.

Master Dong this is correct, you can apply for divorce and it doesn't matter if the ex partner doesn't want to.
You talked about ex wife and that is incorrect since you are still married.
Have you legally separated?

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