WA Going to Court After Mediation - Choice in Locations?

[Norwest]

Hi,

Thank you all for your help and the site itself. I have found it a great help and hope all keep strong.

I am in the early stages of mediation, and I am becoming concerned it is heading for the courts. My ex partner keeps threatening this course of action. I am 1000 kms outside of Perth. Do I have any choice in the location? And finally should I lodge the form 13 in my local court house?

Thank you

 

[sammy01]

Local courts deal with criminal stuff. Drink drive, AVO's petty criminals.

Family law is Federal Circuit Court. Go to the local court house and ask the clerk where the nearest family court is. Chances are you're gonna need to fill the tank and the jerry cans for the drive. That said, they can do tele-conferencing.

What are you looking to achieve? Child access? Asset division? Both?

 

[Norwest]

Hi Sammy, thanks for that...

Looking at asset division,tele-conferencing looks more appealing at this stage....

 

[sammy01]

What sort of assets are you talking? Property? With both names on title?

Best to avoid court if you can.

 

[Norwest]

Property that I have a 1/3 share in,the remainder is held by my parents...

My ex partner is seeking $1000000 which far exceeds the total value of the asset pool.

 

[sammy01]

No kids? Ex's name not on the title?

How long did you live together? Married?

My thoughts? Tell the ex to stop threatening court and actually do it? If the only substantial asset is in your name then I don't understand why you're worried about court. Let the ex apply. Depending on the answers to the questions above, I reckon the ex won't bother

 

[Norwest]

No kids, no name, on title, we were together approx 18 years... Not married

 

[Rod]

Not sure about WA, but in Vic the Federal Circuit Court does the rounds of the main country courts. I'd be surprised if WA didn't have a similar system.

Why are you doing a form 13? Unless she has formally requested a split of assets, and if you don't want any property she has in her possession, do nothing till requested by the court.