I initiated court documents settlement is it the right thing?

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bettydancer

Member
8 August 2021
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0
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Hello. I separated from my ex under DVO conditions ( non violent non arrest ) September last year. I have filed the documents to initiate court hearings for the settlement. I am wondering if my lawyer is leading me on just to make some money from me , so a second opinion would be good please. Here are the facts:
We were together for 10 years. The judge described my affidavit ( aggrieved) for DVO as lacking substance but my ex still accepted the order without admission due to his legal costs.
In terms of asset division we both nearly have the same liabilities and assets ( not much ) ($402k equity) . He has put in 95% towards the living costs ( mortgage , insurance , rates, vet bills , holiday expenses, car servicing , 150 acre rural property maintenance . all we shared was food / electricity costs ) .House title is in his name . We have no kids and I have always been employed as a casual worker . I had my own income and own vehicle in my name .

He has made 3 offers but my lawyer said not to respond..... I am worried that a lack of communication can have a negative affect on my case
I have asked for him to pay my legal bills
He would work 12 hour days and still come home to cook 70% of the time - does that go against me ?
I am on centrelink jobseeker
I was working until the day we split up since then i have been on centrelink payments from that day due to a sore back ( but can still drive my car)
I am claiming from him " unable to work due to mental health issues from DVO" and house maintenance ( cleaning and improvements)
I think he might say my $250 a week smoking habit has put strain on the finances so I am ready for that one - giving up smokes soon
One offer he sent said his lawyer calculated that i get 35% and he gets 65% ( due to my lack of financial commitment )which means I owe him $15k if i keep my shares , super and car .

Whats my chances of coming out with a positive result on my side .?

Any advice or Tactics would be appreciated from forum community

Thanks , BettyD QLD
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
I would suggest you sack your solicitor. Run and hide. Refuse to engage and hope he doesn't apply to court. You walk away with what ever you have, he walks away with what ever he has.
Who is living in the family home>
So you're not gonna get spousal maintenace based on the DVO. Hence my suggestion that you simply refuse to participate. BUT if you're living in the house then that obviously needs rectifying. But I can't comment further because I dont know if you're living there or not?
 

bettydancer

Member
8 August 2021
2
0
1
Thanks for replying - He is living in the house as I have set up a new apartment and living there at a new address. I have already initiated court documents so Can I retract those ? Or will he have pay my legal fees and court costs ??

Thanks ,