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QLD Property Settlement After Mediation - Can Ex Just Buy House?

Discussion in 'Family Law Forum' started by Jcav67, 9 February 2015.

  1. Jcav67

    Jcav67 Active Member

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    Six months after mediation, my ex buys a house. I believe she has been hiding money. I can't afford to buy a house. She says she isn't earning much money. She does have a new partner which she denies having. We had a small warehouse that has been sold and the property settlement proceeds were to be split 52% for me and 48% for her, as I am looking after my daughter.

    My question is can I ask her for more money after we settled at mediation?
     
  2. Ian Macleod

    Ian Macleod Well-Known Member

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    Was the agreement reached in mediation formalised by either a court order of a financial agreement?
     
  3. Sophea

    Sophea Well-Known Member

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    I doubt it Jcav67,
    What sort of documents did you sign after mediation? Did you file consent orders? Or sign a property settlement agreement?
     
  4. Ian Macleod

    Ian Macleod Well-Known Member

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    Sorry I didn't get this in the one post. The reason I ask is that mediation only helps you to reach agreement, that agreement then needs to be formalised either by consent orders or a financial agreement. If you can demonstrate that the other party had mislead you or they were dishonest in their dealings, such as withholding a material matter (hiding money or assets) then you may have grounds to have the agreement or court order set aside.

    If you failed to formalise the agreement reached during mediation, then you may still have an opportunity to take legal action through the Family Court.

    Each party has a duty of disclosure which requires all parties to a family law dispute to provide to each other party all information relevant to an issue in the case. This includes information recorded in a paper document or stored by some other means such as a computer storage device and also includes documents that the other parties may not know about. This duty starts with the pre-action procedure before the case starts and continues until the case is finalised.

    http://www.familylawcourts.gov.au/wps/wcm/resources/file/eb59b7022384a75/BRDisc_0309V2.pdf
     
  5. Jcav67

    Jcav67 Active Member

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    Yeah an agreement was made for settlement and we both signed it.
    I just found out she has bought a house. I am 51 and I don't know how I will go buying an other house.
    I don't think I have an other 25 years of work in me. I don't have any super.
     
  6. Ian Macleod

    Ian Macleod Well-Known Member

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    Do you have a copy of the agreement? Was it a consent order made by the court or a binding financial agreement?
    If you've kept the paperwork you might have something to work with.
     
  7. Jcav67

    Jcav67 Active Member

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    yeah I have a copy I scanned in on the computer
     
  8. Ian Macleod

    Ian Macleod Well-Known Member

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    This like pulling teeth.. And what does it say?
     
  9. Jcav67

    Jcav67 Active Member

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    sorry it is an 'order in terms of draft consent order" is this what you were asking for I can email the whole thing to you?
     

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