VIC Delaying property settlement

[BBBBB]

Hello again
Thank you for responses so far, they have been very helpful.
My question today is,
My solicitor sent ex a letter of proposal for property settlement, respond within 14 days. She has spoke with ex, only to advise he will now be applying for a disability pension, how is this even possible whilst he races speed boats and posts it all over his social media.
I have an interim FVO, which expires in April.
He is very verbally abusive and controlling.
How long can he keep stone walling me?

 

[Atticus]

I have an interim FVO, which expires in April.

Are you sure it's an interim order & not a final order?
Is there an actual expiry date mentioned in the order? .... Generally Interim FVO's don't expire. They are dealt with by the court & either converted to a final order or revoked.

How long can he keep stone walling me?

The application for a DSP may be genuine or may be a delaying tactic ... Not easy to get these days & either way, that shouldn't be a reason to totally halt progress.

See my answer in your other thread >>> VIC - Property settlement

 

[BBBBB]

Thank you so much,
Yes it's just a temporary, court mention 8/4/2022, unless it's revoked prior.
Thanks for confirming disability, they don't happen overnight. This is probably because I have lupus, although I don't get a disability pension for it.
So if he has grounds to get one how much longer, after 14 days notice from a solicitor?

Are you sure it's an interim order & not a final order?
Is there an actual expiry date mentioned in the order? .... Generally Interim FVO's don't expire. They are dealt with by the court & either converted to a final order or revoked.

The application for a DSP may be genuine or may be a delaying tactic ... Not easy to get these days & either way, that shouldn't be a reason to totally halt progress.

See my answer in your other thread >>> VIC - Property settlement

 

[Atticus]

Yes it's just a temporary, court mention 8/4/2022, unless it's revoked prior.

So on that date ( I assume it's the first mention) your ex will be given the option to accept the FVO or oppose it, it will still remain as an interim FVO if he chooses to oppose it.

So if he has grounds to get one how much longer, after 14 days notice from a solicitor?

A question best answered by your solicitor who has all the facts ... Generally though such an application shouldn't prevent progressing the case in some way at least. Could take years to assess & make a decision on a DSP ... Ultimately, if he is found to be eligible, it would depend on what the disability is & how much it will affect his future earning capacity & needs.

 

[BBBBB]

So on that date ( I assume it's the first mention) your ex will be given the option to accept the FVO or oppose it, it will still remain as an interim FVO if he chooses to oppose it.

A question best answered by your solicitor who has all the facts ... Generally though such an application shouldn't prevent progressing the case in some way at least. Could take years to assess & make a decision on a DSP ... Ultimately, if he is found to be eligible, it would depend on what the disability is & how much it will affect his future earning capacity & needs.

 

[BBBBB]

Thank you so much for that response, that gives me some peace.
My solicitor isn't really saying much ,other than just try to ignore him.
He has only called her once , that was to abuse her for a letter of proposal for property settlement

I was pushed and shoved yesterday, not intended to harm really, just a display of control and disrespect.
I did report it to local police.

 

[BBBBB]

Hello, try keep it brief,
During court ordered mediation, ex handed his financial disclosure 2 days prior, and all documents were false, fake receipts for sale of our assets, fake tax returns, false earnings.
My solicitor seemed non plussed by this, and his solicitor obviously cited them first ?????
Is this how things usually go with mediation ?

 

[Rod]

During court ordered mediation, ex handed his financial disclosure 2 days prior, and all documents were false

Get evidence together showing they are false and ask your lawyer about seeking costs of mediation as your ex did not engage in good faith mediation.

Is this how things usually go with mediation ?

It happens, Sometimes it can be to your advantage if you can completely discredit the ex. Likely means if there is a dispute about an item/income/expense, then the court is more likely to accept your evidence and not the ex.

 

[CSFLW]

Very Stressed, you should not (and cannot) discuss the details of the mediation.

If you have a lawyer limit discussions with the lawyer.

 

[BBBBB]

Thank you, noted