Can I go straight to family court for property settlement

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Beeeeeeebee

Active Member
21 July 2022
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I have no faith my ex will negotiate on our financial agreement. He’s been delaying 6 months and initially said he thought it would be super fair if I got 57% as I have no income 3 young children etc. he doesn’t see my current and future needs are far higher than his and the disability of one child and the baby means working is hard for me to organise.

He also refuses to recognise my contributions including $1million cash from my pre marital portfolio etc

Anyway - can I just get my lawyer to go straight to court without wasting further time? I’m not scared of court at all. I’m scared of my ex and his abuse and having to try to find reason with him
 

sammy01

Well-Known Member
27 September 2015
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you can - but the judge will order more mediation anyways. 57%? look, if that is a starting offer, it isn't bad. I obviously don't have access to all your figures, from which to make an informed opinion. What sort of % do you think you should get?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
If you are looking for a lawyer and in Vic, our family law team can help.
 

Beeeeeeebee

Active Member
21 July 2022
7
0
31
you can - but the judge will order more mediation anyways. 57%? look, if that is a starting offer, it isn't bad. I obviously don't have access to all your figures, from which to make an informed opinion. What sort of % do you think you should get?

My lawyer initially advised I should get over 65

13 year relationship
1. 3-5% for the premarital assets I bought (a property portfolio I had a 350k stake in at the start of the relationship and I sold for 1.5 million)— managed and procured 100% by myself - it was also cashflow positive and supported me throughout my 3 pregnancies and Mat leaves and I paid the 20% deposit on both our family homes

2. 10% for Childcare and no work
I have 100% care of. 1 yo baby and can’t work and also shared care of the 9&12 yo kids
(10%?)

3. I contributed domestically for raising three kids and also worked FT and PT