As always, it's best to get legal advice, but you might find that appearing in person (self-representing) is a good option. It will mean a solid percentage of what you gained from the settlement won't be lost on solicitors, and fundamentally, they are limited in their capacity to get things moving if the other party is stonewalling the process.
With the divorce, you don't need the other party's consent to have a divorce decree ordered. You can file on your own, and so long as they have been served with the application - which can be as simple as having a friend or family member go to her house and drop it at her feet - then the court will accept that they are aware of the proceedings. Provided the court is satisfied that the marriage has broken down irretrievably (which after two years of separation will be the case), then the divorce will be granted.
I think it's important to divorce your former spouse because that will place a time limit on the property settlement. An application for a property settlement can only be made to the court within 12 months of the divorce being finalised.
With property settlements, there's a four-step process the court uses for working out how it should be broken down.
1. What's the total value of the asset pool?
2. What was the total financial and non-financial contribution of each party?
3. What are the future needs of each party?
4. Is the settlement just and equitable?
With superannuation, the court would only consider superannuation earned during the course of the marriage and throughout separation as part of the asset pool.
With spousal maintenance, this is not automatic in a property settlement. Spousal maintenance can only be awarded by order of the court, and only if the other party is able to prove they will be exposed to financial hardship as a result of the separation. The court will consider your respective ages, assets, ability to work, what constitutes a suitable standard of living and if the marriage has affected your ability to earn an income (for example, through long-term care arrangements for kids). The fact that the kids are, or are near the age of majority, will also impact this, as it means the other party will be more capable of working, thus mitigating the need for spousal maintenance.
As a rough guide, start at 50/50, then work out what you would request in a property settlement by the court. If you made significant financial contributions, you might feel it is fair to request a 55/45 split in your favour. If the other party cared for the kids and the house and didn't work throughout the kids' childhood, their capacity to work might be slightly reduced, so a 45/55 split in their favour might be fair.
I hope this in some way helps. Self-representing might seem daunting, but so long as you've got all the facts and figures there, it's not as bad as it might seem. The courts are ordinarily very helpful, and you can supplement your inexperience with intermittent consultations with a lawyer who can check your affidavits and other documents before you file them. There's also plenty of online resources for you to use, and the Family Court Registry is also very helpful.
With the divorce, you don't need the other party's consent to have a divorce decree ordered. You can file on your own, and so long as they have been served with the application - which can be as simple as having a friend or family member go to her house and drop it at her feet - then the court will accept that they are aware of the proceedings. Provided the court is satisfied that the marriage has broken down irretrievably (which after two years of separation will be the case), then the divorce will be granted.
I think it's important to divorce your former spouse because that will place a time limit on the property settlement. An application for a property settlement can only be made to the court within 12 months of the divorce being finalised.
With property settlements, there's a four-step process the court uses for working out how it should be broken down.
1. What's the total value of the asset pool?
2. What was the total financial and non-financial contribution of each party?
3. What are the future needs of each party?
4. Is the settlement just and equitable?
With superannuation, the court would only consider superannuation earned during the course of the marriage and throughout separation as part of the asset pool.
With spousal maintenance, this is not automatic in a property settlement. Spousal maintenance can only be awarded by order of the court, and only if the other party is able to prove they will be exposed to financial hardship as a result of the separation. The court will consider your respective ages, assets, ability to work, what constitutes a suitable standard of living and if the marriage has affected your ability to earn an income (for example, through long-term care arrangements for kids). The fact that the kids are, or are near the age of majority, will also impact this, as it means the other party will be more capable of working, thus mitigating the need for spousal maintenance.
As a rough guide, start at 50/50, then work out what you would request in a property settlement by the court. If you made significant financial contributions, you might feel it is fair to request a 55/45 split in your favour. If the other party cared for the kids and the house and didn't work throughout the kids' childhood, their capacity to work might be slightly reduced, so a 45/55 split in their favour might be fair.
I hope this in some way helps. Self-representing might seem daunting, but so long as you've got all the facts and figures there, it's not as bad as it might seem. The courts are ordinarily very helpful, and you can supplement your inexperience with intermittent consultations with a lawyer who can check your affidavits and other documents before you file them. There's also plenty of online resources for you to use, and the Family Court Registry is also very helpful.
