financial settlement - court as an option, how long

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Beeeeeeebee

Active Member
21 July 2022
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I'm at start of financial settlement with ex. We've done the financial disclosure.
Ive asked him for the asset list and sheet...just bc I dont have a lawyer right now as he's starved me of funds temporarily.

Nothing complicated, but I think he'll ask for maybe 55 and I'll request about 68. I can see us going to court.
I am confident I'll get 65-70 as I brought a 1 million premarital portfolio to the relationship ten years ago, have care of a baby and 2 young kids, no income because of this, etc. He has high income. I also worked FT and PT over past ten years. Big contributions.

I'm really in the dark with the process and really impatent and we're about to sell the family home and I'll be homeless at my parents

QUESTION: how do I apply for a judge to decide and how long mmight it take now in Sydney? July 22
I plan to engage a lawyer again - when I need to toward the end of the proceedings.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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....when I need to...
That would be now.
Family law lawyers know about dealing with spouses who are in financial straits.
Talk to them. Maybe shop around a bit.
But I do not encourage waiting.
 

SRL1

Well-Known Member
6 September 2021
21
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121
I'm really in the dark with the process and really impatent and we're about to sell the family home and I'll be homeless at my parents

QUESTION: how do I apply for a judge to decide and how long mmight it take now in Sydney? July 22

The new court website is a good place to start, and has a wealth of information about the process.
Start here: Finances and property: Overview | Federal Circuit and Family Court of Australia

You have to file an initiating application with the court and serve a printed copy on the ex using a third party to get the court process going. You have to complete a bunch of other steps before you get to that stage though: Before you file – pre-action procedure for financial cases (prescribed brochure) | Federal Circuit and Family Court of Australia

It could take a couple of years from the start of the process to a final hearing, possibly more if the courts are busy.