My husband is currently in the process of a fairly nasty property settlement. The ex wife has prolonged settlement over and over, refused mediation and has been difficult from day dot. The reason for this is she currently receives a healthy wage, which she will likely loose after settlement. A judge has granted leave for a conciliation conference, which my husband and I are certain there will be no resolve. She has been completely unreasonable and greedy (she wants approx 90% and won't budge, there is NOTHING that indicates she is deserving of this, my husband is willing to offer her 57% if he retains their business). I was wondering if anyone could tell me what happens after a unsuccessful conciliation conference? Its my understanding there will be a short hearing, but what is the registrar likely/has the power to order? Will the judge at the next hearing be told that the ex wife refused to be reasonable?
NSW Conciliation Conference outcome.
- Thread starter Philly2020
- Start date
-
- Tags
- conciliation
Hi Beth
The Conciliation Conference is not a hearing; more like a mediation.
If it unsuccessful, the matter will proceed to another hearing.
Which court are you in?
The Conciliation Conference is not a hearing; more like a mediation.
If it unsuccessful, the matter will proceed to another hearing.
Which court are you in?
Very little. The court is hoping both sides will reach an agreement and not proceed to trial. Almost always fails when one party is unreasonable.
See the conference as a mandatory step a court must follow before trial but do not pin any real hope on it achieving anything useful.
Does the ex have a lawyer?
Do you/husband have a lawyer? If so, you might want to ask about putting an offer in writing, and using it later in an application for a costs order against the ex.
Unfortunately, this answer is what I expected. Ans yes, seeing it as a step forward is all we can do.
Both have lawyers.
A calder bank offer is the next option after conciliation. She is very much likely to refuse it.
Thank you very, very much for confirming my thoughts.
Both have lawyers.
A calder bank offer is the next option after conciliation. She is very much likely to refuse it.
Thank you very, very much for confirming my thoughts.
Keep in mind the court may not grant the costs order. It is worth a try as facts in your circumstances may warrant the making of a costs order (I'm talking in generally here, not in relation to your specific facts of which there is not enough here to comment) but normally in family court proceedings each party pays their own costs.
I had an extremely difficult ex who still is difficult about everything. We had to do a conciliation conference. He wanted everything and got more than he should have but the registrar was good and able to weigh up court costs verse the amounts he was arguing over. Have documented evidence for what you seek, just because 1 party wants or thinks they should get it all doesn’t mean they will. I agreed to take less even though if I went further through court I would have got a lot more but I decided the stress wasn’t worth it. Be aware as well that if you earn more it can be seen as you need less from settlement despite possible contributing significantly more to the relationship.
Thanks for your advice.
He won't be settling for less and will see it through to a hearing if need be (most likely). They earn the same if not, she earns slightly more, but heres a plot twist, she is pregnant with someone else baby... yet she is entitled to more due to her future ability to earn an income (even though the baby isn't his)... I think it would be unfortunate to settle for less after all the stress and anguish this has already caused, he would prefer to see it through, we made it this far, type thing.. But everyone is different.
Do you know if there is a report after conciliation that states that the was no resolution and one party was difficult and unreasonable?
He won't be settling for less and will see it through to a hearing if need be (most likely). They earn the same if not, she earns slightly more, but heres a plot twist, she is pregnant with someone else baby... yet she is entitled to more due to her future ability to earn an income (even though the baby isn't his)... I think it would be unfortunate to settle for less after all the stress and anguish this has already caused, he would prefer to see it through, we made it this far, type thing.. But everyone is different.
Do you know if there is a report after conciliation that states that the was no resolution and one party was difficult and unreasonable?
Similar threads
