QLD Property Settlement Case

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Steve W

Member
14 February 2020
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My ex and I had a brief 6 month relationship and she fell pregnant. I decided to look after her during the pregnancy and we rented a house together. 9 months later we wished to separate. I learned that she was collecting Centrelink and rental assistance the entire time. She paid no rent, although I concede she cared for the child while I worked (although most of this time the child was at child care which I paid for). All finances were kept completely isolated from each other.

We now share 50/50 custody. It has been nearly 2 years since then and I've tried to start saving for retirement. I've worked really hard only to learn recently of horror scenarios in which exes were privy to 60/40 splits in their favour, almost as if the judge picked it out of a lottery.

I'm now extremely stressed and have lost all my ambition. I can't sleep thinking that huge portions of my future, decades of hard work could be arbitrarily confiscated at any time. I've consulted with 3 different lawyers. One advised that I wait out until 2 years have passed, another aggressively tried to push me into a consent order, and another told me to approach her for a financial agreement.

I've asked her about a financial agreement, but she is complacent, and asking me why it's necessary. She is suspicious. I don't want to explain why its important, because I'll invoke her greed. She can be extremely difficult, and quite vindictive and vengeful. I am posting this in hope that I could be wrong, or if I'm simply screwed for the rest of my life because of what seems to be an ambiguous law, and depends largely on what side of the bed a judge wakes up in 20-30 years time.
 

Atticus

Well-Known Member
6 February 2019
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So you shared a house for 9 months & have been separated for almost 2 years?...

If that's the case, don't bring up the issue with her anymore.... There is a time limit of 2 years after separation to file for property orders. After that time she will need leave of court to apply...
 
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Steve W

Member
14 February 2020
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There is a time limit of 2 years after separation to file for property orders.
Sure, but it seems there are various cases in which leave of court is granted (in some cases even 27 years in the future) because what constitutes "hardship", or a "reasonable explanation of delay" is ambiguous. It seems leave of court, and property settlements are dependent on widely varying opinions between judges, and the process is akin to playing a roulette wheel. It's as if one has to spend the rest of their life knowing that one day 60% of their assets could be confiscated because of a 9 month relationship.

For example, "hardship" could simply be a case of the ex being irresponsible with money, going broke, and now being unable to support herself. She has therefore achieved "hardship" if leave is not granted. Correct me if I'm wrong.
 

Atticus

Well-Known Member
6 February 2019
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Sure, but it seems there are various cases in which leave of court is granted (in some cases even 27 years in the future) because what constitutes "hardship", or a "reasonable explanation of delay"
Yes there are cases where leave is granted, but in all those cases you will find that the length of the relationship & financial or non financial contributions of the applicant were significant enough to warrant it...

You were together for 9 months.... Don't read so much & stop stressing...
 
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Atticus

Well-Known Member
6 February 2019
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I've consulted with 3 different lawyers. One advised that I wait out until 2 years have passed, another aggressively tried to push me into a consent order, and another told me to approach her for a financial agreement.
Also... The lawyer who advised you to wait it out is the trustworthy one.... The other two were just trying to take you for an expensive ride
 
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Steve W

Member
14 February 2020
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Also... The lawyer who advised you to wait it out is the trustworthy one.... The other two were just trying to take you for an expensive ride
Thank you and I did suspect this. I was in a state of angst on the call. They further validated my fears when I distanced myself from their solution.
 

sammy01

Well-Known Member
27 September 2015
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duration of relationship matters - 9 months = stuff all. Even after 7 years of marriage and 3 kids mine was considered a short marriage...
One of the other factors is if one parent is the primary carer and this impacts on capacity to work... 50/50 care - so nope doesn't apply.
Next - she was on centerlink - committing welfare fraud. She has no interest in having this looked into. IF she were to take you to court, she has reason to worry that you would able to establish that 'clearly' you were not in a relationship because if you were she would not be entitlted to the benefits.

Now go have a nice cup of warm milk and go to bed and sleep well.
 
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