QLD Questions about settlement offer and signing consent orders

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nat 2015

Well-Known Member
8 February 2017
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Ok, so I have given all my financials to my ex lawyer at his request, I have asked to see my ex financials as well his lawyer told me that I wouldn't be able to see them until he has drafted a consent order for me to sign, I'm a bit concerned also as his lawyer is saying that my credit card debt is not included in offer , now this debt occured whilst still in the relationship, i haven't had access to credit card since I left as I'm only able to make minimum repayments, the only debt he is asking for proof on his the orthodontist bill for the children that occured after the break up, that I am paying for with no financial assistance, I have had conflicting legal advice, I have 2 weeks before I run out of time, I'm on my own and had a lawyer tell me she couldn't take me on because she was too busy. I'm happy at this stage to walk away with nothing, I have been naive thru out this whole process and my thinking was just maybe he would have been some what fair.
So my question is should I sign and accept?
 

Rod

Lawyer
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27 May 2014
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his lawyer told me that I wouldn't be able to see them until he has drafted a consent order for me to sign

Noooo. Tell the lawyer this is not the way it is going to work. If they want something from you, then you tell them the way it is going to work and that there is no way you'll agree to consent orders until at least one week AFTER receiving full and frank disclosure. This then gives you time to seek independent legal advice.

Do not let the ex's lawyer stampede you - unless you have some other advantage you are protecting. See next answer below.

I have 2 weeks before I run out of time

Why? Run out of time for what?

So my question is should I sign and accept?

My gut feel says no, but the lack of detail makes it difficult to give an informed answer.
 

nat 2015

Well-Known Member
8 February 2017
162
5
419
Noooo. Tell the lawyer this is not the way it is going to work. If they want something from you, then you tell them the way it is going to work and that there is no way you'll agree to consent orders until at least one week AFTER receiving full and frank disclosure. This then gives you time to seek independent legal advice.

Do not let the ex's lawyer stampede you - unless you have some other advantage you are protecting. See next answer below.



Why? Run out of time for what?



My gut feel says no, but the lack of detail makes it difficult to give an informed answer.
It's been almost 2 yrs since I left. And I know the cut off I am aware of 2 yrs not married and 12 months married.
 

nat 2015

Well-Known Member
8 February 2017
162
5
419
Noooo. Tell the lawyer this is not the way it is going to work. If they want something from you, then you tell them the way it is going to work and that there is no way you'll agree to consent orders until at least one week AFTER receiving full and frank disclosure. This then gives you time to seek independent legal advice.

Do not let the ex's lawyer stampede you - unless you have some other advantage you are protecting. See next answer below.



Why? Run out of time for what?



My gut feel says no, but the lack of detail makes it difficult to give an informed
His offered 20k and I'm yet to see any of his financials etc, and when I asked for that his lawyer said not until he does up the consent order for me to sign.
 

Rod

Lawyer
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27 May 2014
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Hmm, tricky one.

How much of the pool do you think he has that you want? Should include super as well, unless you have more than him.

I'd be tempted to start a court action, effectively extending the clock, so I was not forced into a rushed decision.

Suspect the ex's lawyer is taking advantage of a self reper.
 

nat 2015

Well-Known Member
8 February 2017
162
5
419
Hmm, tricky one.

How much of the pool do you think he has that you want? Should include super as well, unless you have more than him.

I'd be tempted to start a court action, effectively extending the clock, so I was not forced into a rushed decision.

Suspect the ex's lawyer is taking advantage of a self reper.
His given away alot of items to his family house alone take out mortgage there is approx 400k in equity, business I'm no longer sure but when I was there it was bringing in approx 16 k a week take out all expenses there was still a profit, approx 300k worth of trucks and vehicles, and he has approx 200k in super.i have approx 30k I draw on it twice to help set up a home for our children, and to help with Bill's.
I haven't even touched on super with him, and i haven't even asked for half or more.i dont want the house and I dont want any possessions just enough to be able to go back to my studies and ease a bit of financial burden, and I do currently work 2 days a week, I cant work anymore due to cost of childcare and I dont have family close to help me out
 

Rod

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27 May 2014
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My suggestion then is to file an application in court asap for a property split.

This gives you time to get the information you need for a proper settlement which is more than nothing.