NSW Consent Orders - What to Do When Ex Refuses to Sign?

[AllForHer]

Well, that's close enough.

What you need to do is reconsider what you're seeking with Court orders and decide if you want to amend your position such that it might result in agreement, or alternatively, if you want to stay firm and let the Court decide how to divide assets.

I don't know if the Registrar will provide the Court with a report. I don't believe it's common practice, but you can probably contact the registry where conciliation was held and ask them for guidance.

 

[sydman110]

Well, that's close enough.

What you need to do is reconsider what you're seeking with Court orders and decide if you want to amend your position such that it might result in agreement, or alternatively, if you want to stay firm and let the Court decide how to divide assets.

I don't know if the Registrar will provide the Court with a report. I don't believe it's common practice, but you can probably contact the registry where conciliation was held and ask them for guidance.

Actually in my initiating application I have asked court for 55/45 (55% for her), ok I will send an email to registrar.

 

[sydman110]

Well, that's close enough.

What you need to do is reconsider what you're seeking with Court orders and decide if you want to amend your position such that it might result in agreement, or alternatively, if you want to stay firm and let the Court decide how to divide assets.

I don't know if the Registrar will provide the Court with a report. I don't believe it's common practice, but you can probably contact the registry where conciliation was held and ask them for guidance.

Just got a reply from the registrar office as below:

Your matter is adjourned for a directions hearing before Judge [xxxx] on [99] April at [99:99am/pm]. No report or communication will issue from the Registrar.

 

[AllForHer]

Well, that's clear enough.

As a suggestion, you might like to send ex's lawyer a proposal for settlement in the next week or so and see how it's received.

 

[Rod]

Not much is decided at a directions hearing. The court may ask for various documents and a list of items that are still in dispute but otherwise relax for the moment. I'd stick with the 55/45 for the time being. The offers you made at conciliation should not have been binding on you and tis should have been explained to you at the conference.

 

[sydman110]

Not much is decided at a directions hearing. The court may ask for various documents and a list of items that are still in dispute but otherwise relax for the moment. I'd stick with the 55/45 for the time being. The offers you made at conciliation should not have been binding on you and tis should have been explained to you at the conference.

Thanks for the reply Rod.
No, they didn't explain me anything prior to the conference, I went with an intention to settle the matter even if it is pinching me hard. I offered 65% plus about $20k to reduce from the matri debts which eventually increases the net asset pool.

what bothers me is she responded in her affidavit that she want 85% plus sole parenting with one night a fortnight kids access... i dont know what judge is going to order.
My matrimonial debts are my weakness which is solely on my name... the house we sold was also solely on my name....

 

[AllForHer]

That's fine, she can ask for whatever she wants. Doesn't mean she will get it. Frankly 85% in this day and age is unheard of, as is sole parental responsibility and one night a fortnight with the other parent.

What's the story with the parenting matter? What's mum reasoning for wanting sole responsibility and such limited access?

 

[sydman110]

Regarding parenting she just put on accusations that I didn’t cared about kids since their birth where as they are now 15, 11 & 9 years of age... they all love me... she is also afraid that I may take them back to my home country India, and also she claims that I may force them for arranged marriage...

She also alleges that 2 years back we had a argument and she called in police and the police didn’t took any action against me... so on... she also claims that there is risk involved if I am in children’s life... just assumptions... but she cannot provide any evidence...

I do not have any avo or dvo against me, no traces of domestic violence too... not an alcoholic or druggist... She just want to inflict maximum hurt and damage to me...

 

[AllForHer]

Well, if police didn't take action, there's no DVO, and no actual allegations of violence, I'd like to think that you're asking for more than just every other weekend, provided it can be facilitated on your end (you live close enough to get the kids to and from school, etc.)...?

 

[sydman110]

Yes I live close to school as the same distance as they live now.. I am looking for shared parenting, half holidays and every fortnight Friday after school to Monday before school or Sunday eve... am I asking too much?