QLD Partner not responding to property/ finance settlement

[nancy324]

Hi All. Good morning. I got separated a year and half ago with 2 teenage boys leaving the newly constructed property to my partner. he is living there and making interest only payments to the bank. I have recently approached a lawyer and my lawyer has sent couple of emails to my partner with the property pool list and the percentages around 2 months ago. whenever I request my lawyer is sending multiple emails while just asking my partner that, " when they can expect a response from him", and he is not at all responding to any of the emails other than the first one where he acknowledged that he received the correspondence. I personally want to finish the consent orders for property settlement and then proceed with divorce to move on. Also, one of the items mentioned in the settlement is to sell the house and give back the deposits and "my personal savings" which got stuck in the offset account as it a joint bank account. For me to get my savings money back from the offset account, my partner is not willing to sign. In this scenario, could anyone please clarify the following questions:

1. Will there be any time limit for my ex-partner to respond back to the lawyer's email?

2. My lawyer said, once we send this property settlement percentage related document to the other party, whatever the money saved after that will not be considered for further division. Is this 100% correct?

3. Lawyer is advising to put the case to ' 'Federal Circuit Court of Australia'' for additional fee. What is the process and advantages of applying there? and how much cost will incur for me as an additional payment other than lawyer said consent orders package fee?

4. If I file for divorce before consent orders, is that okay? what are the pros and cons of doing this?

From last several years I was the person bearing entire expenditure for the family and lost lot of my earning in order to maintain my family living whereas my husband was saving all his earnings into his savings account. Even my savings are blocked in the bank joint offset account now and my ex-partner is not at all supporting in this matter. I am also not able to afford lots of fees to the lawyers as my earnings are limited and I need to maintain living.

So, I really am clueless how to deal with this situation. Could someone kindly advise me with suggestions to deal this matter. Thanks in advance and regards!!

 

[sammy01]

if the ex doesn't respond then court is the only option. What sort of $$$ do you think is involved here? If it is less than $20 000 you might just want to cut your losses and move on.

 

[Atticus]

one of the items mentioned in the settlement is to sell the house and give back the deposits and "my personal savings" which got stuck in the offset account as it a joint bank account.

Generally, if it was money earned during your marriage (before separation) then it would be considered a joint asset, even if you earned it, same for his income ... In contrast, any income you have earned AFTER separation from your own labour, should not be part of the joint asset pool for division

If I file for divorce before consent orders, is that okay? what are the pros and cons of doing this?

You only need to have been separated for 12 months to apply for divorce... Only thing to be aware of with that is that after the decree nisi of dissolution is granted, there is a 12 month time limit from that date in which to apply to court for property settlement....

My thoughts on your situation ... Your lawyers letters are being ignored & each letter is costing you money .... Have you tried using a mediation service like relationships Australia? They will act as mediators in discussions, & can help you both come to an agreement that can then be submitted as consent orders .... Much less costly than a lawyer.. If that fails, you can then look at making an application to the Federal Circuit Court for orders

 

[Mum9son]

Have you read the legal aide website on property ? You can ask for a reply within 14 days with documents you listed. Mediation may be the next step, but you can get exemtption from this certificate for a number of reasons - to then take it to court. It sounds like they will drag it out, and not respond. They should have the figures etc for mediation - but must provide them for court. Have you asked for property evaluation etc ?