i started the guided initiating application on the portal trough the federal circuit court and i need to load all the documents in there. i have done seperate affidavits but i was a bit stuck on the orders to ask for in the property settlement one.
QLD property settlement defacto inheritance remainderman
- Thread starter meandthekids2019
- Start date
I am not a lawyer, however, having put a bit more thought into your circumstances, ie, no real property to divide, child to raise with no child support, your initial contribution of $250K that has been eroded while supporting the family during the length of the relationship, your limited opportunity for employment, plus, your ex in line for a $1M + inheritance (probably in the near future).... You may be better off making an application for spousal maintenance (preferably lump sum) ..... See pages 86-88 of that booklet I linked to for explanation & considerations that are to be taken into account.... I think you would check a lot of those boxes.
Obviously any order could not take effect until such time as he can control the asset (life tenant has passed), BUT... you MUST have the application filed before 2 years has passed since the date of separation...
Perhaps include interim orders sought as part of your application along the lines of that set out on page 90 >>> That until the final determination of these proceedings, (name) is stopped from selling, giving away and dealing with, alienating or disposing of any of the following assets (for example, house, money, redundancy payouts).<<<
An advantage of a maintenance order is that it is a registerable maintanence liabilty, meaning you can register it with a maintenance collection agency (CSA) Just gives you another level of compelling him to conform rather than going back to court for enforcement should he not follow orders,