NSW Property settlement without a divorce??

[Joe Black]

Hi
Thanks in advance for giving me some pointers/help.
married 4 years together total of 5 years.
My wife has lodged an AVO against me reporting financial abuse. This will be be contested as it is simply not true and is being used as a tool to get me out of the house as she wants to sell it.
I have now received a letter from her lawyer with a property settlement proposal. basically 55/45 to her regarding our property and she keeps everything else.
Putting the contents of the property settlement to one side, my questions are
1. In the absence of a divorce actually being lodged, do I legally have to discuss a settlement ? I ask this as I really believe (based on past experiences with my wife) that this is another power play to get what she wants.
2. Can I request marriage counselling prior to discussing any property settlement?

Thanks

 

[shallice]

Dear Joe

If you're married, you can apply for a property settlement or spousal maintenance at any time before your divorce. Once your divorce is final, you must file your property or spousal maintenance application within 12 months. The court can extend the 12 month time limit, but will only do this if there is good reason.

You can request marriage counselling, but the other party my decline as they are under no obligation to undertake marriage counselling.

I would recommend mediation in an attempt to resolve the property issues.

Cheers

 

[Joe Black]

But she has not even applied for a divorce

 

[Atticus]

married 4 years together total of 5 years.

As a 'general' rule, all being equal, in marriages or de facto relationships of 5 years and less, assets bought into the marriage by each party are retained by that party. Special circumstances or children can alter that.

I have now received a letter from her lawyer with a property settlement proposal. basically 55/45 to her regarding our property and she keeps everything else.

You may be able to get some idea of what a fair division is from AMICA It's a Govt AI tool .... Save you $500 an hour for a lawyers opinion which may or may not be accurate.

In the absence of a divorce actually being lodged, do I legally have to discuss a settlement ?

Property settlement and divorce are separate actions. A party can initiate property settlement without lodging for divorce. That said, there are Pre-Action procedures which the court requires be satisfied before a party can initiate property proceedings

My wife has lodged an AVO against me reporting financial abuse.

Contest it be self representing if it's bogus. Expect her to adjourn and delay for as long as possible. Probably withdraw it when settlement is done

 

[Joe Black]

Thank you for your excellent help