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VIC Consent Orders on Superannuation and Shares - Response to Solicitor?

Discussion in 'Family Law Forum' started by Ponderer, 26 August 2015.

  1. Ponderer

    Ponderer Member

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    My former wife and I separated and divorced a decade ago.

    At the time we signed consent orders that provided that she receive about two thirds of our assets, but she specifically agreed not to include superannuation and share assets. She had a smaller amount of superannuation than did I, and no shares were in her name.

    A solicitor has now written and asked me for details of these assets, presumably to consider whether an application should be lodged to vary the consent order that we both signed.

    My former wife has never alleged duress.

    Should I reply to the initial solicitor's letter or ignore it, and, if I reply, in what sort of terms should I reply? I have little wish to engage a solicitor.
     
  2. AllForHer

    AllForHer Well-Known Member

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    I can't advise whether to ignore or not, but I would argue there's a very low likelihood of varying a property settlement a decade after you've divorced. If it were me, I would ignore. A solicitor's letter is just that - a letter. It's not legally binding, it doesn't impose any obligations upon you to follow their directions or adhere to their request. There are literally no consequences of ignoring it. Until there is an application before the court, you don't have to do anything.
     
  3. Ponderer

    Ponderer Member

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    Thank you AllForHer - most helpful.
     

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