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

[sydman110]

Is there proof of what the money was spent on? In my situation, my lawyer got me to include my first 4 weeks rent and a mattress for me and a mattress and base for our son as my brother lent me the money for these things after the separation date. My brother transferred the money directly to me for the rent and purchased the beds from his own account but sent me the receipt with the delivery address. There was clear proof of reasonable items. I expect that the Court would have accepted these but we settled a week before the Court date. My ex's lawyer advised him to accept them.

There is no proof what she spent these money, the proof only the transfer made to her account from her brother's account. Proof exists only for $8000 but she claim to have taken loan from them $19000.

It's been almost 1 and half year post separation these monies are transferred into her account.

 

[sydman110]

Hi,

The conciliation conference has failed and we have to see judge in first week of April. I am totally drowned in matrimonial debts for which I need money from the asset pool desperately to payoff those debts. I am reading in some threads this will take 2 years to final.

My question is any chance that judge will pass any interim orders to pay off the matrimonial debts? Or shall I accept ex's too unfair demands?

Don't know what to do to save myself from default credit listing that will hamper my future borrowing abilities with banks...

@AllForHer

 

[AllForHer]

First, call the bank/s to which the debt is owed and explain the situation to them. They may agree to reduce repayments temporarily while you try and sort something out with the ex.

As to Court, you can request interim orders for a partial property settlement. It is my understanding that you'll have the best chance of success with getting a partial settlement to help cover debts by 'minimising' the orders - make sure what you're seeking in interim orders is available in a cash asset somewhere and doesn't require sale of a house, for example, and make sure you're only asking for enough to cover the repayments while proceedings are on foot. Those funds will have to be accounted for at a later stage in proceedings, so it's best to make sure an interim property settlement does not affect the substantial value of the property.

Does that make sense?

 

[sydman110]

First, call the bank/s to which the debt is owed and explain the situation to them. They may agree to reduce repayments temporarily while you try and sort something out with the ex.

As to Court, you can request interim orders for a partial property settlement. It is my understanding that you'll have the best chance of success with getting a partial settlement to help cover debts by 'minimising' the orders - make sure what you're seeking in interim orders is available in a cash asset somewhere and doesn't require sale of a house, for example, and make sure you're only asking for enough to cover the repayments while proceedings are on foot. Those funds will have to be accounted for at a later stage in proceedings, so it's best to make sure an interim property settlement does not affect the substantial value of the property.

Does that make sense?

My interim and final orders are same, and the property has been sold an year ago, so there is no property involved.. seeking orders in the matter of cash asset is with the lawyers trust account and children. need to payoff matrimonial debts from the same cash asset.

 

[AllForHer]

Well, that's good, then. File an application in a case for further interim orders to release money from trust to cover repayments on matrimonial debts.

 

[sydman110]

Well, that's good, then. File an application in a case for further interim orders to release money from trust to cover repayments on matrimonial debts.

In first interim application, I have requested that, again filing a further interim orders ? I didn't get it.

 

[AllForHer]

Have you already got interim orders?

 

[sydman110]

Have you already got interim orders?

Not yet, I have a first hearing scheduled in first week of April. Sorry if I sound confusing...

 

[AllForHer]

Okay, so if you're seeking interim orders that facilitate the release of funds to cover repayments while proceedings are on foot, that's great. If not, you should amend your application to do so.

 

[sydman110]

Okay, so if you're seeking interim orders that facilitate the release of funds to cover repayments while proceedings are on foot, that's great. If not, you should amend your application to do so.

This is what I have requested in my affidavit.

" The liabilities are currently incurring interest. I say the more interest that they continue to incur the less money that will be available in the asset pool to divide. I am seeking interim orders which would allow me to pay the liabilities as soon as possible."