Response to ‘Initiating Application’

Discussion in 'Family Law Forum' started by Adamk90, 12 June 2019.

  1. Adamk90

    Adamk90 Member

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    I was last month served with an initiating application regarding property settlement. As court was 2 day after being served, the judge gave me 28 to file a response, which I plan to do as my ex has not paid a cent towards the property in 18 months and wants 50% of the proceeds. I would also like to see her resume her financial responsibility, and release the pressure on myself. I am in the process of applying for financial aid, but am unsure if I will qualify, or if it will happen in time to respond. I have tried using a ‘DIY Response Kit’ but it doesn’t make any sense. Is there anyway I can extend the 28 days given, and if worse comes to worse, what will happen if I fail to respond in said 28 days?
     
  2. sammy01

    sammy01 Well-Known Member

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    what sort of $$$ are you talking in the asset pool?

    Are there kids involved?
    I'm not sure what state you're in. here is a link to legal aid NSW
    5.6. Property settlement matters - after separation - Legal Aid NSW

    I reckon you should be able to make an educated opinion on whether or not you'll get a grant. If there are not kids involved I reckon your chances are slim

    Suggestion - stop paying the mortgage - ask the bank for hardship provisions and use th e$$ you're not spending on the mortgage to pay a solicitor to file the paperwork.
     
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