VIC Property Settlement - Ex Refusing to Sign Orders?

[Gemma Gilbert]

Hi all,

I left a Domestic Violence marriage 2 years ago. I have been trying to do a property settlement for nearly 14 months as the ex refuses to acknowledge any solicitor letters. I only have to pay him, as the property was mine prior and I would like to remain in the home.

He finally agreed to an amount and my solicitor drafted up the orders. He has now gone silent again and won't respond to any correspondence. We have two children who he refuses to have any contact with (4&5).

I need closure and I have already spent $8,000 in legal fees so far.

My question is, if this goes to family court (and I see no other way), would the judge grant him more than the amount he agreed to?

Many thanks.

 

[Rod]

No-one on forums can answer that question, and I suspect your solicitor can only give a general guide at best. There are no magic crystal balls when trying to second guess a judge who has wide discretionary powers.

 

[Lennon]

If you can't reach an agreement there will need to be a hearing and the judge will make his/her own decision about the appropriate division of property. It could be the same, better or worse for you than the agreed amount.