VIC Ex-Partner Not Following Financial and Property Agreement - What to Do?

[Danstar]

Almost 2 years on from my original court application ( VIC - Initiating Application for Custody of Children and Property Settlement? )

I have settled everything with my ex wife in regards to child custody (which I have got 100% sole custody) and financial and property settlement. So in my last court session, the Judge worked out the amount of money I had to pay my ex-wife based on all the info I had given. The amount was wayyyyy over what I expected and originally wanted. As my ex was not present in the court room, I asked what other options I have and the Judge said if I could get her to agree to a private arrangement and if the judge approves it, that would be fine.

So I get in contact with my ex (via her sister) and she agreed to a more suitable agreement.

That was 6 months ago, I'm still waiting for her to sign the title over to the property we had together. She keeps saying that she's waiting for a change of name certificate to arrive.

If I want to take this to court again, can I do it via the Comcourts website? And if so, what type of application is it?

Or should I finally bite the bullet and pay a lawyer (I'd prefer not to, as a single income, mortgage and 2 kids in school, I don't really want to be wasting money on lawyer fees)?

 

[AllForHer]

Welcome back, Danstar, long time, no see. Did mum end up participating at all in the parenting side of the thing? Or was it settled by consent?

Re: property, this would be an initiating application for property settlement, and since you have already participated in family law proceedings with the other party before, I believe you can use the ComCourts portal to submit it. Just make sure you use the same file number that was used in your last matter.

Are you and mum actually divorced?

If so, and it's been over a year since your divorce was finalised, you'll need to apply for leave of the Court for the matter to be heard outside of the FLA time restriction of a year.

 

[Danstar]

Parenting side was settled in court, she agreed to give me full parental responsibility. The Judge asked if she knew what that meant, etc. etc. but she was happy to give it to me.

We are officially divorced since 2015.

I have Orders for her to have to do what is necessary to sign the title over to me. Which she obviously isn't doing at this time. After she signs it over, I will pass over the agreed amount to her. (Minus the owing child support she owes me)

 

[AllForHer]

Oh, okay, you already have orders for her to sign the title over? I believe you would be seeking an enforcement warrant, then, and accordingly to Family Law Rules 2004, that can be sought via an Application in a Case.

Read more under Ch 20 here: FAMILY LAW RULES 2004 . Part 20.7 will be relevant in your matter, since this is an order to sign something, rather than just payment of money.

 

[AllForHer]

Oh, and this can still be filed via ComCourt. It'll need to be accompanied by an affidavit, as well.

 

[Danstar]

Blehhh. Thanks AFH

I was really thinking it was all over and wouldn't need to do any more affidavits lol

You'd think someone who is going to obtain a large amount of money for doing nothing at all, would be quite quick to sign some simple paperwork

 

[AllForHer]

Yes, but some people are just obstructive by nature.

Give your ex one last opportunity, and advise that if she doesn't comply with the orders within, say, one or two weeks, you'll be filing for enforcement orders with the Court, along with an application for costs against her.

 

[Danstar]

Yes, but some people are just obstructive by nature.

Give your ex one last opportunity, and advise that if she doesn't comply with the orders within, say, one or two weeks, you'll be filing for enforcement orders with the Court, along with an application for costs against her.

I have "threatened" that a couple times, including asking her family to talk to her to get a move on.

Ps. I quoted the word threatened because that's what she accused me of, considering I've only emailed her twice asking what's going on twice in the last 3 months.

 

[AllForHer]

Eh. She can call it what she wants, but telling her you're going to take her to Court is giving notice, not threatening her.

I reckon one last chance, then just file.

 

[Danstar]

No replies from her end. I've asked her family to contact her, her mum told me she said "Why do I need her to sign it over, I already live in the house"

****Massive eye roll****