NSW Changing Terms of Consent Orders - What to Do?

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cevee

Active Member
13 March 2018
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31
Hi all,

I split with my ex after 18 years (12 years co-habitation) nearly 12 months ago and she moved out of the house with whatever she wanted to start a new life. I went out of my way to assist her and gave her a considerable amount of cash to get started with a view to getting consent orders. She went and got legal advice and chased me for more.

*Mortgage was in my name only.
*No joint bank accounts
*She paid for nothing only a few groceries.
*She was always employed full time

We sat down together in December and agreed on a 50/50 split on all equity. Afterwards she sent me text messages thanking me and saying how happy she was and wouldn't be changing her mind. I had the consent orders drawn up and sent them to her solicitor to sign. There was a quiet period over Christmas and New Year while everybody takes leave then mid-February. I received a letter from her solicitor demanding a 60/40 split on the asset pool. His reason for this is because I earn a lot more than her.

The letter basically states pay up or see you in court. I think he is bluffing but don't know if I should call his bluff or try and renegotiate. I think he is praying on her to line his own pockets. I have tried to contact her but she has not returned my calls or messages. I have also just decided to self represent from now on after spending a fortune in legal costs for zero gain. Not sure what I should do next?

Thanks
 

AllForHer

Well-Known Member
23 July 2014
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Any kids?
 

sydman110

Well-Known Member
22 December 2017
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I did a mistake hiring a solicitor. They charged me for communicating my words to her lawyer and took one year without any outcome... The bill was staggering $27,000. I wish I have had a look at this forum in the beginning of my case...

Anyways, good luck.
 

cevee

Active Member
13 March 2018
5
0
31
I too consider that a big mistake. However I originally went to a lawyer to have consent orders drawn up and settled. It all escalated from there...
 

AllForHer

Well-Known Member
23 July 2014
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Did you pay the mortgage on your own? Or did ex contribute?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Long story short, it's really the ex who needs to decide how much she's willing to pay to try and get that extra 10% that she probably won't get anyway. I guarantee that whatever the property pool is worth, she's going to squander that extra 10% on legal fees anyway.

So, if ex decides to take it to Court, the Court will ask four questions:

1. What is the value of the shared asset pool?
2. What were the financial and non-financial contributions of each party?
3. What are the future needs of each party?
4. Is the settlement just and equitable?

If you were the primary earner, your financial contribution is going to be a lot higher, and since there were no kids, your non-financial contributions are going to be near on equal. With no kids in the mix, your future needs are also going to be essentially the same (a property settlement isn't to guarantee the same lifestyle for both parties, after all), so, I mean, as the primary earner, you are probably in a reasonable position to seek a higher percentage in your own favour.

But again, is it worth it? Probably not.
 

cevee

Active Member
13 March 2018
5
0
31
The mortgage was only paid by me always, She didn't pay for any utilities, rates, insurances, improvements, repairs, maintenance, nothing. She only paid for a few groceries every 10 days or so.
I agree its not worth fighting for more than 50% share to me. Anything she wins, and more, by going to court will absolutely go to her lawyer. If only she could see that but she is the kind of person that would jump off a cliff if her lawyer told her she'd be just fine.
She is chasing an extra $25k cash and if my research is correct by the time she gets to argue for this outcome she will have racked up $20k - $30k in legal costs on top of the costs to date?

I think I'll wait a bit longer to see if I can contact her if not I shall respond to her lawyer and see if they are bluffing.

Thanks for the insight.
 

larrylarry

Well-Known Member
2 March 2018
32
2
124
Offer a bit more which may be 55/45 in her favour. Is she also asking for your super?
It's true, the extra that she gets will probably go to the lawyer.