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NSW Going to Family Court - What to Do?

Discussion in 'Family Law Forum' started by Daddysnothome, 28 July 2016.

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  1. Daddysnothome

    Daddysnothome Member

    28 July 2016
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    Hi all,

    I am not yet divorced but have been separated for seven months. Three children under the age of seven are involved. The house is sold and the money is in trust, around $123k. My superannuation is $95k and hers is $97k. I currently have the children 2 nights per fortnight. My ex is earning around $50k and I was earning $70k but, lately, work has been impossible for me due to a breakdown.

    I am due to receive an inheritance of $100k to $180k in the near future after my father passed 3 months ago. I am currently broke, and have no money for a lawyer, the toll this has taken has left me broken in every way basically. Can I request to receive some of the house money to survive for now and to engage a lawyer.? It seems we will need to go to family court for me to have greater access to the children after failed mediation.

    Do the consent orders I will propose for property need to be of my wealth at the time of separation or when the orders are signed and sent away? Do I have to declare the inheritance which I am eligible for but have not received from the trustee? How does the correction of percentage get evaluated for property distribution if I am seeking 50-50 time with the children? Is it worked out on the current access or with a view to what I am seeking? If I do the 70-30 on the consent forms as I have read is the normal thing and cop a loss how long does it take to be approved?

    Simply put, I am broke, I need money now and I can't wait or else I will be living on the street. I never saw this coming after 15 years together and I am still heartbroken but I need to live, I need help, please. If anyone has any suggestions or any material for me to research it would mean the world to me.

    Many thanks.
  2. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    Ok, slow down...

    You can request that some of the money be dispearsed. So why not say to her that you want both of you to receive $30 000 from the house now and sort the rest out later? She'll probably say no, but you can try.

    As far as researching, look there are threads on this site. There is a book called Breaking Up by a guy called Larkin. You can get it from your library...

    Have a look at Mensline. They have a forum too. Mate, for the minute looking after your mental health is our priority.

    Now the inheritance could be factored in but not 50/50 or anything close. The inheritance will give her grounds to want more from the house because she has a greater need.

    Now in court, they try to sort out kids first, so that kids are not used as leverage to argue for more money from property settlement. So in my case, the ex got more because she was the primary carer and had less earning capacity.

    So have you done mediation?

    How long till you get the inheritance money?

    Are you working at the minute?

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