VIC Consent Orders made but not signed by Registrar of FCA

[Boompsa]

Thanks again guys.

The details are as follows. De facto relationship. Yes, she is paying all the mortgage. Or more accurately her parents are. I'm renting (forever, probably). We'd agreed to 140k cash to me, 40k super to her. I don't think anymore about the 40k I've spent on my solicitor - that money is gone. 300k equity in the house, 450k mortgage remaining. Her tax returns reflect income of around 30k per year and she earns cash outside of this which gives her a reasonable standard of living. Her parents pick up the tab on all the extras. They can and likely will do this forever.

Yes, she is buying me out. Or was, until it stalled again. Clearly she can't service a loan of 450k. I'm not privy to her actual plan, my assumption is that her parents will pay down say 250k and she takes on a loan for the balance.

The 9/5 care arrangement has been in place for 21 months. I've rearranged my work so that I'm with my daughter for the full 5 days, I don't work during this period.

She will not agree to anything that she doesn't have to. She thinks she is special.... It's been a waste of time to write to her and offer 'deals'. e.g. her last response prior to conciliation conference was to offer me 70k cash if I gave her 65k super....

I'm thinking something along the lines of:

1. Sack solicitor
2. Wait 2 months to see if she she gets job/finance and will commit to the original deal
3. If no outcome there, lodge application in FCA/FCC for either financial orders or a combination of custody/financials

The bit I am not sure of is how or more accurately what to communicate with her (and her solicitor if she keeps him - her father is an absolute miser and hates spending money..). If I write and say to them that she has xxxx number of days for action to occur she will simply wait out the xxxx number of days and then do nothing. Which is why I keep coming back to me having to make application to the court - at least this gets me a step closer to final resolution.

Thanks again...

 

[sammy01]

forget letters saying she has XXX amount of days. What are you gonna do if she doesn't comply?

Mate Covid is what is screwing you. Sadly, you had an out then someone ate bat stew...

Give it a few months. Then apply to court. OR apply to court now. Read up, learn all you can and self represent. OR spend another chunk of $$ on solicitors. Walk away with the $140 000 cash and give $100 000 to a solicitor, add that to the $40k you've already given them and you walk away with... I reckon you spend some time reading up... This is a non-urgent case and with Covid you'll be put on a long waiting list.