Thanks Ian,
Yes we have other marital assets that we need to settle..we did come up with a mutual agreement at the beginng which we are still sticking too...but i wanted to go through legal process to make sure that either one of us can not come back at a later date and take more...but when we put everything on paper he thinks it looks like he got more and he thinks he will have to pay me some more, (which is not what i want - i just want to protect what i have set myself up with) so now wants to sell house before proceeding...will this make it look like i have more now?? or will he still have to declare that he had the family home and sold it??
If you are both happy with your arrangement and in genuine agreement you don't need to go through the court system. You can make a financial agreement under
sect 90C of the Family law Act . You still need to get legal advice before you agreement becomes binding but you have the freedom to choose how you wish to divide your asset and liabilities without the courts intervention. This means you are in control. You can make your agreement and stipulate that the house will be sold within a specified time or it would go to auction, which is probably preferable.
In any event, whether the property is sold before or after settlement, each party needs to make full and frank financial disclosure whether it be to the court or to each another in a financial agreement. All the other issue such as superannuation, cars, share and all other financial resources can be included in the agreement so you effectively draw a line in the sand.