QLD Ex Lying on Property Settlement Offer - What to Do?

[nat 2015]

Hi,

My ex has put an offer on the table from his lawyer for property settlement and assets. He has left off many, many assets and refuses to be truthful with his debt. I don't have a lawyer as Legal Aid cannot help me, as the assets are worth more then their cut off point.

I am on my own basically. To be honest, I don't really understand why he's choosing to be dishonest. The only thing I can come up with is he doesn't want me to have a cent. I am not an unreasonable person and have been very patient with him. He claims to have a lot of debt but when I ask him to prove it to me, he declines and I am only asking as he constantly lies about being broke and I know he's not broke. Broke people don't go out and buy another truck, and broke people don't eat out 4 nights a week.

i am running out of time as 2 years is up in September. I don't want the house or any cars and the mere fact that he keeps reminding me that I left him and that his words are that I will always pay for doing that to him makes me believe and gives me no hope at all that he is going to be fair. I haven't even offered half and the amount I have requested is not a third. I don't want to see him broke or have nothing and as much as I dislike him, his still the father of our children.

There are 5 children. We only have a verbal arrangement as it was 50/50 for 6 months, but then he dropped them back and said it wasn't working for him and that the children were left on their own a lot as he is self-employed, so then we agreed every 2nd weekend and that has fallen by the way side 'cause my boys, who are 14-year-old twins and almost 16-year-old refuse to go. I have rung parentline. I have rung school counsellors and I am pulling my hair out.

My ex is blaming me like he always has in the 24 years of relationship and it's getting frustrating. My ex refuses to sign a parenting plan and doesn't want it to go to court. Do I go back to mediation as we tried 50/50 and it didn't work. Now that's his words not mine, and I can see it wasn't but I just supported my ex trying to do the best he can, and making sure he maintains a relationship with his children.

Thanks

 

[SamanthaJay]

Nat, seriously, as far as the financial settlement goes, don't sell yourself short. You are going round and round in circles. I would not have gotten a single cent if I had not of used a solicitor. Ring around - there are plenty of them out there that will allow you to pay them on settlement. After 24 years and 5 kids, do not settle on anything less than you and the kids deserve.

 

[Rod]

Give him an ultimatum with a deadline - agree or court. And stick to it.

Your time as you mentioned is running out, and if he stands most to gain by not agreeing , then you know what he is doing and should not feel guilty.

 

[Shanahan Law]

Hi Nat, I agree with SamanthaJay; don't sell yourself short. Based on the (albeit limited) information you've provided, you have a greater entitlement than what you've previously discussed with your ex. And there are lawyers who are prepared to defer payment of legal fees until you've reached a settlement (including me).

I'd be happy to assist you if you like. After 24 years and five children, you have no doubt made some significant contributions which shouldn't be ignored. Regards, Luke Shanahan

 

[nat 2015]

Thanks for that. My other question is, is it true that because he has sold assets since I left, are they left out of settlement?

Also, as he owns his own business, is it true that I would be accountable for the debt the business, this debt was started after separation.

 

[nat 2015]

Hi Nat, I agree with SamanthaJay; don't sell yourself short. Based on the (albeit limited) information you've provided, you have a greater entitlement than what you've previously discussed with your ex. And there are lawyers who are prepared to defer payment of legal fees until you've reached a settlement (including me). I'd be happy to assist you if you like. After 24 years and five children, you have no doubt made some significant contributions which shouldn't be ignored. Regards, Luke Shanahan

Thanks, I am not sure how to private message on here but if you can help me with some info that would be great please

 

[Shanahan Law]

thanks i am not sure how to private message on here but if you can help me with some info that would be great please

Hi Nat. You should be able to find my contact details here if you like: Contact Shanahan Law | We are Happy to Assist You 24/7

 

[Shanahan Law]

thanks for that, my other question is it true that because he has sold assets since i left, are they left out of settlement ?also as he owns his own business is it true that i would be accountable for the debt the business, this debt was started after separation.

Not necessarily - they can be either added back into the property pool (notionally) and considered to fall on his "side of the ledger" or be treated as a negative contribution, such that his percentage interest in the property pool is negatively adjusted for it.

 

[Rod]

... are they left out of settlement ?

You add them in to the marriage and hope the court agrees.

is it true that i would be accountable for the debt the business, this debt was started after separation

Unlikely. You would take them out of the pool and again hope the court agrees.

 

[nat 2015]

Thanks for the feedback. Can someone answer this property settlement question? My ex is now saying that the cars that he has were registered in his mum's name at one stage. It was one car, by the way, and when his father passed, he left him a car, and he is saying to me that these are not part of the asset pool for these reasons.

1. Car was registered in his mother's name.

2. His dad didn't have a will so apparently they are not his cars now?

He has stated if I am not happy with his offer then court it is, and that he doesn't want to involve his lawyers until I agree to his terms.

Bloody hell this is a headache.