I moved out from the matrimonial home in early of 2015. My ex continues to live in the matrimonial home till today.
Before I moved out, I arranged to use my saving that I saved during the marriage for the deposit and bought a new home. I have lived in this house with my son permanently since. The house was bought with mortgage under my name and I am the sole responsible person for mortgage repayments. I myself have maintained my home and paid all utility bills with no help from my ex. I know that this house will have to go to the property pool when we do the property settlement.
Due to argument about leaving my son unattended under my ex's care in 2018, He agreed to come and see his son at my place and no sleep over at his place. As I allowed him to use my shed to store his business stuff, he came up from his house to get his stuff for his business from my shed and used that time to see his son also. We had no parenting agreement in place but we were more open and flexible with how we arranged at that time.
I first asked for a property settlement in 2017 (as he decided to peruse the new relationship and failed afterwards.) and again in 2018. Both times he ignored my requests and gave a reason that his financial statement wont be ready to go ahead and need more time. At the beginning of January 2019, I asked again and his reply was the same. This time I insisted that I would no longer wait and I finally involved a lawyer to begin the legal process. Due to the rising tension, I contacted the child support agent to change the child support collection from the private collection to through CSA in early of January 2019.
I first notified the Centrelink in 2015 regarding the separation. In 2017, my ex and I agreed to change the level of care to reflect the true percentage of 90:10. He agreed through the Centrelink Agent and the percentage of care has been maintained at that level since.
A week after I asked him about a property settlement, a domestic violence occurred at my house as he tried to get my son to go with him and the police got called. One part of this statements to the police was we just separated in early of January 2019 but I informed the police that was the date that I asked for the property settlement for the last time and I am separated and have been living at my property since 2015.
I have evidence to prove about the status of the relationship, my permanent residence after the separation, utility bills, child support letters and Statutory Declarations. I used these evidence to prove to Centrelink when my ex put an objection not to pay any child support before January 2019 when CSA tried to chase him money and he withdrew his objection at the end.
As we are dealing with property settlement, he wrote a reply to my lawyer and disagree with the separation date. He told me on the phone that I lies and tries to use the gap between 2015-2019 to make some gain from the property settlement. He gave the reason to my lawyer and everyone that "We were living as a couple until early of 2019 and him and I slept in the same bed on average of 4 nights a week."
He has not done his company and personal tax returns since 2015.
I read from the Legal Aid website and it states both parties do not have to agree with the date of the separation.
I am up to the point that I have to prepare financial statement from the date of separation for my court application. I would like to know how the court will look in this case.
-Do I have to prove again and how when he tries to go against me? or it will be him to prove?
-Will there be any issues with my application when i file to the court?
Thank you in advance for your reply.
Before I moved out, I arranged to use my saving that I saved during the marriage for the deposit and bought a new home. I have lived in this house with my son permanently since. The house was bought with mortgage under my name and I am the sole responsible person for mortgage repayments. I myself have maintained my home and paid all utility bills with no help from my ex. I know that this house will have to go to the property pool when we do the property settlement.
Due to argument about leaving my son unattended under my ex's care in 2018, He agreed to come and see his son at my place and no sleep over at his place. As I allowed him to use my shed to store his business stuff, he came up from his house to get his stuff for his business from my shed and used that time to see his son also. We had no parenting agreement in place but we were more open and flexible with how we arranged at that time.
I first asked for a property settlement in 2017 (as he decided to peruse the new relationship and failed afterwards.) and again in 2018. Both times he ignored my requests and gave a reason that his financial statement wont be ready to go ahead and need more time. At the beginning of January 2019, I asked again and his reply was the same. This time I insisted that I would no longer wait and I finally involved a lawyer to begin the legal process. Due to the rising tension, I contacted the child support agent to change the child support collection from the private collection to through CSA in early of January 2019.
I first notified the Centrelink in 2015 regarding the separation. In 2017, my ex and I agreed to change the level of care to reflect the true percentage of 90:10. He agreed through the Centrelink Agent and the percentage of care has been maintained at that level since.
A week after I asked him about a property settlement, a domestic violence occurred at my house as he tried to get my son to go with him and the police got called. One part of this statements to the police was we just separated in early of January 2019 but I informed the police that was the date that I asked for the property settlement for the last time and I am separated and have been living at my property since 2015.
I have evidence to prove about the status of the relationship, my permanent residence after the separation, utility bills, child support letters and Statutory Declarations. I used these evidence to prove to Centrelink when my ex put an objection not to pay any child support before January 2019 when CSA tried to chase him money and he withdrew his objection at the end.
As we are dealing with property settlement, he wrote a reply to my lawyer and disagree with the separation date. He told me on the phone that I lies and tries to use the gap between 2015-2019 to make some gain from the property settlement. He gave the reason to my lawyer and everyone that "We were living as a couple until early of 2019 and him and I slept in the same bed on average of 4 nights a week."
He has not done his company and personal tax returns since 2015.
I read from the Legal Aid website and it states both parties do not have to agree with the date of the separation.
I am up to the point that I have to prepare financial statement from the date of separation for my court application. I would like to know how the court will look in this case.
-Do I have to prove again and how when he tries to go against me? or it will be him to prove?
-Will there be any issues with my application when i file to the court?
Thank you in advance for your reply.