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NSW Ex Refusing to Engage in Property Settlement Negotiations - What to Do?

Discussion in 'Family Law Forum' started by DavidA2014, 5 January 2016.

  1. DavidA2014

    DavidA2014 Active Member

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    Hello. I left my wife in 2014 (after 15 years of marriage) & despite my best efforts, she will not engage in property settlement negotiations. She has a lawyer and I have had unpleasant experiences with two lawyers so far with no results or progress and now legal bills to pay.

    Because of bad decisions during our marriage, our assets = liabilities. I have personal debt that I incurred to move out in order to rent a place. I am also paying joint debts off. I also pay significant child support for teenage children who predominantly live with her. The family house needs to be sold in order to retire the joint debts.

    I earn roughly 3 1/2 times more than her and have 3 times more superannuation. I am prepared to lose some of my superannuation. Realistically, I'm prepared for a 60/40 or so split because of future needs. I'm trying to do everything I can within my control to progress things myself as I can't afford high legal costs. My mind is turning to putting an offer to her lawyer and also my disclosure requirements under Ch 13 of the Family law rules.

    It would not make sense for either of us for this to go to court, however I feel I'm running out of options.

    Is there a checklist or examples with discharging disclosure? That is, is it statements and transactions for that period for everything or just balances? Also, can I lodge consent orders without the other party agreeing? Am I mad trying to do this all on my own and represent myself?

    Apologies if this is too much info, but I would really appreciate any help, suggestions or info.

    Many thanks.
     
  2. sammy01

    sammy01 Well-Known Member

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    Stop paying for stuff. Give her motivation to settle. While she is living in the house comfortably, why should she do anything? Risking the banks taking the house might motivate a change in attitude. Don't worry about your credit rating.

    Nope, you can't lodge consent orders the other party agreeing - consent orders mean both parties agree.

    As far as disclosure - Balances are fine...

    Doing it on your own... Look, for anything to be approved by the court, by way of asset division, both parties need independent legal advice. I reckon you can do everything up until you walk in the court doors yourself. Once it is off to court, get a solicitor. But you might be able to get it sorted by consent without that grief.
     
    DavidA2014 likes this.
  3. DavidA2014

    DavidA2014 Active Member

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    Thank you so much for replying and all that information and clarification - it really helps.
     

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