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Property Settlement and Custody of Children - Ex won't Settle?

Discussion in 'Family Law Forum' started by Karla, 14 October 2014.

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  1. Karla

    Karla Member

    14 October 2014
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    I left my husband 12 months ago. He has not agreed on the property settlement or custody of children. He is living in the family home with my 14 year old and I'm living with a friend with my 17 year old. I was wondering, what am I entitled to under family law as we lived together for 20 years and was married for 17 of them he has assets and I have two cars that's all.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    Are you divorced?
  3. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Karla,

    Its great that you are taking steps to divide your assets and trying to reach some sort of settlement with your ex. If

    Have you formulated the terms of settlement by yourselves? Have you already tried family dispute resolution or mediation to try to come to some sort of agreement? This is a good first step. Family dispute resolution services are provided by a range people and organisations, such as Family Relationship Centres, community organisations, legal aid commissions etc. I'm not sure what state you are in so can't really point you in the right direction there.

    If you have already tried this and failed, you can apply to the Family Court to make orders with respect to the division of your assets. A court takes a number of factors into account when dividing property and considers both the financial and non financial contributions of each partner to the relationship. So don't worry if all the assets are in your husband's name, the court has the power to direct that you be awarded an asset or receive a proportion of its value in the settlement. The only risk is that your husband will sell assets prior to you going to court. If necessary you can get an order preventing the property from being sold.

    I would seek legal advice from a family lawyer or alternatively with your local community legal centre and they will be able to provide further

    This website is the Australian family law courts website which provides further info:

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