Hi
There are orders in place regarding property settlement. Haven't been the biggest fan of legal representation throughout this process, so would just like to clarify something with regards to the property orders. Our legal representation is saying that the other party has 90 days to pay and until then you just have to wait you cannot do anything. Only after 90 days if she has not paid, we can go to the court to force the sale of the property. The court order however reads as follows:
Property
1. Within 42 days from the date of the orders, the "xx" is to pay the "xxxx" the sum of "$xxxxx" (“the lump sum payment’).
2. That no interest is to be paid on the lump sum payment if it is paid within 90 days of the date of the entry of these orders, and if not so paid, interest is to be paid on any unpaid part thereof, calculated at the rate prescribed by r.17.03 of the Family Law Rules 2004 in accordance with and pursuant to s.117B of the Family Law Act 1975.
Does this not mean that after 42 days if nothing has been received we can put to the court to push for a sale of the house or something? The other party has played games and already dragged this out for many years and only works "cash in hand", so to lenders has no income aside from government subsidy, so the chances of the funds being paid even by 90 days are pretty much zero to none, so would prefer to stop dragging this and getting it moving earlier than 90 days if possible
There are orders in place regarding property settlement. Haven't been the biggest fan of legal representation throughout this process, so would just like to clarify something with regards to the property orders. Our legal representation is saying that the other party has 90 days to pay and until then you just have to wait you cannot do anything. Only after 90 days if she has not paid, we can go to the court to force the sale of the property. The court order however reads as follows:
Property
1. Within 42 days from the date of the orders, the "xx" is to pay the "xxxx" the sum of "$xxxxx" (“the lump sum payment’).
2. That no interest is to be paid on the lump sum payment if it is paid within 90 days of the date of the entry of these orders, and if not so paid, interest is to be paid on any unpaid part thereof, calculated at the rate prescribed by r.17.03 of the Family Law Rules 2004 in accordance with and pursuant to s.117B of the Family Law Act 1975.
Does this not mean that after 42 days if nothing has been received we can put to the court to push for a sale of the house or something? The other party has played games and already dragged this out for many years and only works "cash in hand", so to lenders has no income aside from government subsidy, so the chances of the funds being paid even by 90 days are pretty much zero to none, so would prefer to stop dragging this and getting it moving earlier than 90 days if possible
