NSW Applying for Sole Occupancy Order in Family Court?

[Jemma]

He won't agree
He won't sell
He won't agree for me to buy him out

The only choice I have it to start an application. All previous solicitor letters were disregarded by him. It's cost me a lot on correspondence.

I will do the draft consent and start imitating property settlement t see if that will give him a spring in his step

problem.... any consent orders that include assets requires both parties to get independent legal advice.... So does he accept the relationship is over? If things are close to amicable your best bet is to see if you can just get an agreement out of him. So for example, agree to sell the house, split assets this way or that and when the house sells you both move on...

You can do consent orders for the kids without legal advice... OR you can just agree.... Best case scenario IS achievable if both parties want it and that is moving on without the court or solicitors... Even the divorce can be done without ever walking into a court room..

But getting sole occupancy I think is fraught with problems... IF you want to stay in the house and buy him out then solicitors will be required and he will need to agree...

 

[sammy01]

Yup sometimes you have to use a little motivator... Applying to court is a good one. But you could move out.... Is there any agreement about the time each of you will spend with the kids once you have separate dwellings?