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VIC Consent Orders and Property Settlement

Discussion in 'Family Law Forum' started by nation, 12 February 2015.

  1. nation

    nation Member

    12 February 2015
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    Hi , I would appreciate any help!

    My husband and his ex wife have decide to settle out of Court after 10 months of going back and forth to Court. They have a final hearing next month at Federal Circuit Court .My husband has dismissed his lawyer and he as asked her to have the consent out drawn up, which she has not done has yet.

    My question is-
    1) If these consent orders are not submitted on time of the trial date, would the judge be annoyed with them?
    2) Also the house they both had has just been sold which is part of the asset pool. I would like to know can we buy a house together and can is ex put a claim on the house we both purchased?

  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    Will the judge be annoyed? This is a subjective question - it depends on your judge. As a matter of interest, though, a lot of parties reach agreement on the day of trial, and the judge will probably be over the moon that your partner and his ex have finally come to an agreement.

    Is there anything stopping your husband from drawing up consent orders? If a proposal has already been made, all you really need to do is follow the template provided on the Family Court website. It's very easy to do, and if you wished, you could have it checked by a solicitor at consultation.

    Finally, I believe you can buy a house and it will not be part of the asset pool because she does not have an interest it. For anything to become part of the shared asset pool, both parties must have a joint interest in it. Having an interest in it means it is in some way of significance to that party and their marriage - for example, a party may not have their name on a loan or a deed for a house, but they in some way benefited from its investment, such as living there, or using the money earned from its rent.

    Summarily, you and your husband are the parties with an interest in any house you would buy together. The ex would not be one of those parties because she would not be contributing to it, nor gaining from it.

    I would still seek legal advice, but I hope this in some way helps.
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