Family are prepared to help financially with the purchase of the house from my wife. What evidence do I need of this support at (a) dispute resolution, and (b) court?
ACT Property settlement: family financial support
- Thread starter Ted Sherwood
- Start date
none - it isn't criminal court. You make a proposal and if the ex agrees GREAT - if not you take it to a magistrate and if he thinks it reasonable he can order the asset be put in your name as long as you meet the conditions magistrate determines...
Thanks Sammy. That's the court side, but hopefully we don't have to go there. What about for mediation?
same - look your best bet is a letter from a solicitor outlining your proposed property settlement... IF she agrees then you can offer to have that written up as consent orders and apply to the court for approval.... IF the ex agrees....
I'm not a big fan of mediation... People say stuff, but can remember even with notes taken... So in my experience I had one instance where the ex had a legal aid solicitor for free... I had a private solicitor... The day cost me about $5000... Everything was sorted, all agreed. Happy days.... But then the ex changed her mind, dithered etc etc. It was a waste of time....
I'm not a big fan of mediation... People say stuff, but can remember even with notes taken... So in my experience I had one instance where the ex had a legal aid solicitor for free... I had a private solicitor... The day cost me about $5000... Everything was sorted, all agreed. Happy days.... But then the ex changed her mind, dithered etc etc. It was a waste of time....
If you have not already had a property settlement what you are proposing should only be done through consent orders, else your wife may still have a claim to the house through her marriage to you.
Not a good idea to do property settlements in bits and pieces. Do the whole lot in one go so the matter is final.
Not a good idea to do property settlements in bits and pieces. Do the whole lot in one go so the matter is final.
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