WA Ex Refuses Mediation for Financial Settlement - Help?

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Michelly

Active Member
3 April 2019
6
0
31
Hi,

My ex and I met abroad. I was a UNI student and he a property consultant. After insisting a lot and even buying me tickets to come to Australia for Holidays, I took a break from UNI and came here to spend time with him. Things escalated quickly and 5 months down the track he asked me to marry him, I said I couldn’t because I had to finish UNI, so he promised me to support me to have an education here if I left it all behind to marry him. It was a fairytale tale at the beginning.

But a couple of years down the track it became a nightmare, and I had to leave him for Domestic Violence reasons.

He never supported me to continue my education over here, as there was always something else more important, basically treated me as a maid, I had to cook and clean for him every day while also working full time and paying some of our bills. He then started his own business while we were together. I helped him with secretarial work, and by then, he was making over 200 k a year.

We never bought a house together, and I don’t know much at all about his financial situation, all I know is that he was earning a lot of money.

Now we just got divorced and I feel like not only I was treated very poorly but I also missed out the chance of a brighter future when I left everything behind for him. So I tried to reach an agreement with him regarding our finances as I’m in a disadvantaged situation post our marriage. I asked him to at least pay for my uni fees so that I can at least get back to where I was when I met him.

Summarising, I have been trying to engage with him in meditation, but he refuses. The mediator will issue me a refusal certificate.

So my question is, am I entitled to some compensation? And what can I do from here! ( my financial situation isn’t great and he is relying on that, as I won’t be able to afford family court) what can I do? As he refuses mediation, would the court order him to pay the costs?

I’m sorry for the very long story!

Thank you!
 

Atticus

Well-Known Member
6 February 2019
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294
2,394
You've left out the most relevant points that may help assist others to give you any opinion/advice...

1) What are your respective ages
2) Are you employed
3) How long were you together
 

Michelly

Active Member
3 April 2019
6
0
31
You've left out the most relevant points that may help assist others to give you any opinion/advice...

1) What are your respective ages
2) Are you employed
3) How long were you together

He’s 45 and I’m 35
Yes I am employed
All up 5 years, married for 3 years
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
With no real estate you are limited to dividing chattels and financial assets.. Any Division has to be in the context of all the circumstances and what is just and equitable in your particular circumstances.. So to begin with

1) the marriage is very short
2) You haven't mentioned children so I assume there are none
3) You are still relatively young
4) You are employed

You would be entitled to a share of any financial assets that were accumulated during the marriage, and perhaps a small claim to his superannuation... Because of your relative youth, you still have potentially many years of working life ahead of you to return to higher education and to build a career if that is your wish..

Depending on your circumstances, you may be eligible for interim spousal maintenance pending a conclusion to property and financial settlement. This likelihood of that though is reduced because you are working and have no children.. All of this you would have to fight for through the courts if he is not agreeing to anything. That will cost in time and money,,, You could do the court application yourself at minimal cost and have him served. He will then be forced to respond. That may be enough for him to decide to make some offer.

You will not be entitled to compensation for the choices you made of your own free will in leaving Uni
 
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Michelly

Active Member
3 April 2019
6
0
31
He’s 45 and I’m 35
Yes I am employed
All up 5 years, married for 3 years
He’s 45 and I’m 45
Yes I am employed
All up 5 years, married for 3 years
With no real estate you are limited to dividing chattels and financial assets.. Any Division has to be in the context of all the circumstances and what is just and equitable in your particular circumstances.. So to begin with

1) the marriage is very short
2) You haven't mentioned children so I assume there are none
3) You are still relatively young
4) You are employed

You would be entitled to a share of any financial assets that were accumulated during the marriage, and perhaps a small claim to his superannuation... Because of your relative youth, you still have potentially many years of working life ahead of you to return to higher education and to build a career if that is your wish..

Depending on your circumstances, you may be eligible for interim spousal maintenance pending a conclusion to property and financial settlement. This likelihood of that though is reduced because you are working and have no children.. All of this you would have to fight for through the courts if he is not agreeing to anything. That will cost in time and money,,, You could do the court application yourself at minimal cost and have him served. He will then be forced to respond. That may be enough for him to decide to make some offer.

You will not be entitled to compensation for the choices you made of your own free will in leaving Uni


Further to what I said, I have been recently diagnosed with a benign tumour in my head, at the moment been watched for growth, should it grow, surgery can leave me with sequela, Also the fact that he’s earning capacity is much higher than mine, and also after separating I acquired a mortgage as I don’t have any family here, so now I have this massive debt. Would any of that make any difference to my case?

Thank you so much for replying! It’s been very informative!!
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
All of this happened post separation so I doubt it would have any bearing. EXCEPT, if you applied for and was granted interim spousal maintenance. This would particularly be the case if you were unable to support yourself without a government pension or allowance of some sort. Then if he has sufficient income above his own living expenses, a court MAY order it... This is just my opinion BTW. Please don't rely solely on any advice from here. You should get together all the facts and figures, bank accounts etc and seek the opinion of a professional family law solicitor.. Some will give a free initial consult.
 
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Michelly

Active Member
3 April 2019
6
0
31
All of this happened post separation so I doubt it would have any bearing. EXCEPT, if you applied for and was granted interim spousal maintenance. This would particularly be the case if you were unable to support yourself without a government pension or allowance of some sort. Then if he has sufficient income above his own living expenses, a court MAY order it... This is just my opinion BTW. Please don't rely solely on any advice from here. You should get together all the facts and figures, bank accounts etc and seek the opinion of a professional family law solicitor.. Some will give a free initial consult.

Thank you for replying!

Kind Regards!