WA Can someone tell me the likely outcome of this (property settlement)

[Mark Tee Kay]

So a year ago my ex forever changed my life, took an AVO on me when I was leaving Australia for a while so I couldn't fight it (I tried).

Anyway now it's a year and two days later, in a nutshell I got a letter from her lawyer a while ago she wants to sell the house want's to renovate it etc, get it market-worthy and what are my thoughts. I had a lawyer reply, he asked I put $5000 in a trust account for his fees, it was negotiated down to $3000 now he's asking the other $2000 (as around $2000 has been used up in fees). He invited her to negotiate, via her lawyer, with the prospective outcome of consent orders being drawn up. Two months later no reply from her, or her lawyer. He has had me complete: Form 1 – Initiating Application, Form 13 – Financial Statement and Affidavit in Support of Application.

Anyway, can anyone see where he's going with this? he sort of explained it like it will make her have to sell the house and we split proceeds of the house sale in a settlement, but when he originally estimated he said it should't cost more than $5000, $10,000 only if she disputes everything (which seems to be the way it's going).

Id like to know what's next, when it might go to court etc (eg approx time frames) and if this is a worthwhile approach, there is around 300k left on the mortgage, similar houses in the area are selling for 450 ish recently. I ask here as my lawyer will bill me in 6 minute increments to ask at $350/hour.

Thanks

 

[CSFLW]

Mark, it sound as though your lawyer is advising you to file proceedings with court.

Is this your understanding?

 

[sammy01]

who is living in the house?
who is paying the mortgage?
how much equity is in the house and what other assets are there?
Are there kids from the marriage?

 

[Mark Tee Kay]

to answer all your questions:

Mark, it sound as though your lawyer is advising you to file proceedings with court.

Is this your understanding?: Yes



who is living in the house? - ex and kids 8 and 11 going on 12
who is paying the mortgage? I had pre paid it buy always paying extra on it, it was pre paid for 12 months now she has made 1 single payment as those funds have run out

how much equity is in the house and what other assets are there? arguably $50,000 - $150,000 but as well all know the current market is not good

Are there kids from the marriage? yes 2 ages 11 and 8

What I guess I'm asking, is this exercise going to be worth the lawyer fees? I have sent all these forms back to the lawyer, does anyone have any idea how long I'd be waiting for a court date? I have read it's 3-6 months and I had planned to spend most of February overseas

 

[BlackxxAssassin]

Not sure if still looking for help, but if its any help to you:

I had a court date arranged within 10 days of having both parties sign the consent orders. (in Victoria though)
I spent around $6000 to do consent orders, and felt like I was being milked every step of the way as I was overseas. (Silly mistakes made by solicitor/ requested unnecessary documents multiple times/ even went as far as having signed consent orders then the hearing needed to be adjourned because application did not include clear enough instructions/ charged me for reviewing the other side's documents which never even happened/ waited for me to request updates after them telling me they would get back to me in a few days (2 weeks later I give up, and pay to find out))

I was paying I believe $280/hour and received an extremely stressful experience. Original quote was $1600 subject to change of course, but still from $1600 to around $6000. They were clearly taking advantage of my situation. Lucky for me, it was financially viable for me to continue the application.

Can't provide much advice on your current situation regarding kids/house, I didn't have kids/house involved in my case, but all I can say is weigh up the costs and see if it's financially viable. Honestly can't see 3-6 months to acquire a court date, unless they're still making amendments and waiting for the other parties signature/requested changes, then yes it could take that long. One both parties have signed, it shouldn't take that long.

 

[BT63]

Howdee

I am currently going through family court. More or less started the same except I was living in the house and the house is now being sold to reach financial settlement.

We have reached financial settlement for the better part though there are currently some outstanding matters regarding the orders to be placed at court Monday week.

I have currently spent $9500. Started off more or less like yours with the same paperwork. It’s been 6 months - my ex wife is dragging her heels. I expect by the time we are completely finished it will cost around 20k personally. And sadly there is nothing complicated about my case at all - but very much at the mercy of how quickly my ex would and would not like to deal with things.