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NSW Advantages to Delaying Divorce Application?

Discussion in 'Family Law Forum' started by ForATime, 14 March 2016.

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  1. ForATime

    ForATime Well-Known Member

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    Is there any strategic advantage for someone who has communicated that they will apply for divorce to delay making an application?

    For example, is it advantageous for children or property matters to be married or any other advantage?
     
  2. Tim W

    Tim W Lawyer
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    Who's doing the delaying?
    You, or the other person?
     
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  3. ForATime

    ForATime Well-Known Member

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  4. AllForHer

    AllForHer Well-Known Member

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    For a divorce application? Not really, usually just cost. An application made solely costs close to $1000, so it can slow things down.

    I suppose it can affect property settlement, too, because the court determines property settlements from the day of hearing, rather than the day of separation, so any assets accumulated during separation may be taken into consideration, and separation can last indefinitely. If you divorce straight away though, a party only has 12 months after the divorce to file for property settlement.
     
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  5. ForATime

    ForATime Well-Known Member

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  6. Parallel

    Parallel Well-Known Member

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    If the property settlement was started just after separation, but the matter never settled; orders are... "when one party has everything ready, case can be relisted for trial at short notice"...

    4 years later, the case is categorised as "closed" on the commonwealth portal. Can the the divorce be finalised regardless; and also the regulation that "a party only has 12 months after the divorce to file for property settlement" applicable"?
     
  7. Hayder Shkara

    Hayder Shkara Lawyer
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    When was the actual divorce filed?
     
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  8. Parallel

    Parallel Well-Known Member

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    Timeline:

    2004 - March 2005 - Separation under one roof

    27/12/2012 - Final decision to no longer live under one roof

    27/4/2012 - He finally vacated the marital home

    31/7/2012 - He commence Property Settlement

    2014 - Matter not resolved, can be re-listed when parties are ready... listed as "closed" on Commonwealth portal

    27/1/2017 - Uploaded to comm portal divorce application

    6/6/17 - Divorce hearing
     
  9. Hayder Shkara

    Hayder Shkara Lawyer
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    You will have to apply for a property settlement within one year of a divorce being granted. That means you probably have 18 months from today. I'm unsure as to what happened in 2012 - 2014 with the property settlement proceedings there - do you want to shed some light on what exactly happened?
     
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  10. Parallel

    Parallel Well-Known Member

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    2002 - My father passed away

    May 2003 - My husband became unemployed (first regular wage was not until 2010)

    2002 - 2010 - My husband became involved/started up approximately 20 companies over this time period. None succeeded. I was an employee for a couple - not invited to any decision making meetings. Overridden on decision making by other employees, who eventually messed up.

    2003 - 2009 - All monies received by my father were placed over this time period in my children's Testamentary Trust (and 2 apartments)

    2003 - My usband and his financial advisor wrote a document together, outlining company structures and investments, stating all funds from my father would be protected in case of a marital breakdown. I did not realise that they had created an incredibly confusing structure of multiple companies, trustees, etc; all monies flowed through the Testamentary Trust to my husband as loans, which he used to pay off the mortgage, the car in his name, and fund his business schemes, make large cash withdrawals, pay his debts, and give out loans to "friends" that were never repaid....

    I was manipulated into changing the Trustees of the Testamentary Trust from my family to my husband and I. First meeting of the Trustee company, I realised they had set up all roles of control (Chairman, Secretary, Public Officer, First Director, First Shareholder). I insisted that was not right that it was all in the husband's name - I stated that I should have those roles (I had no idea what those roles meant, or what an appointer was, absolutely no idea, just was miffed that my father's funds were going to have my husband in the leading roles; it just did not seem right. I thought it was just a sexist move).

    The documents were corrected in front of me and I assumed it had been processed as I'd requested. ASIC was not informed until 2 years later by the advisor, and only after I realised my birth date had been recorded incorrectly and I raised the issue. They had also created a discretionary trust which had the same Trustee over both the Testamentary Trust and the Disc trust - it had me totally confused - I asked many times for it to be explained - I said to them: "'I don't understand! I'll just have to trust you both".

    In 2012, after separation, I requested from the financial advisor to know who were the Trustees, appointers etc were of these entities (my lawyer had requested the info). I was told I was the Trustee of the Testamentary Trust - more confusion. I later found a document that showed the advisor had registered the Testamentary Trust as a discretionary trust - total confusion.

    Throughout the entire dealings with the financial advisor, I was involved with very few meetings and discussions, nearly all correspondence was directed solely to the husband (including matters regarding my father's estate, on many occasions) the main exception were the invoices, invoiced jointly with extravagant fees and vague itemisation of "professional services". The ex was in control of everything and would often say, "But we already talked about that", when I knew we hadn't. I think I lost all self esteem and willingness to fight.


    2003 - 2006 - the 2 apartments were supposed to be transferred into the kid's Testamentary Trust - or as I later realised the Trustee of the Testamentary Trust. On further inspection, it was discovered that the financial advisor and ex were doing the tax returns as though the properties were in the Disc Trust - I am still confused of how, what, when.

    2005, I admired a large painting in the financial advisor's office and stated "its a great painting, if you were ever to sell it, I'd be interested". That was not a commitment to purchase! I came home a couple of days before christmas and the ex had hung the painting on the living room wall "Surprise!". I later realised that the financial advisor and he had decided to use Testamentary Trust funds to purchase it in 4 payments of $11,000. My tax return later reflected this approximate amount for the financial advisor's services. The painting was sold at auction in 2014 and only realised just under $20,000.

    By 2011, the ex had unilaterally withdrawn over 3 million of the Testamentary Trust funds in the bank account (joint signatures, bank account set up by husband). His wastage makes me physically ill - meanwhile I had become so frugal, I wasn't leaving the house to get a coffee with friends for fear of wasting money, or petrol. I was growing vegetables in the back yard - I'd literally frozen in my tracks.

    I cannot explain 2003 - 2011. "gas lighting" is probably the closest explanation ("gas lighting" - "is a form of manipulation that seeks to sow seeds of doubt in a targeted individual, hoping to make targets question their own memory, perception, and sanity."
     
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