LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

WA Separation and Property Settlement - How much do I pay my ex?

Discussion in 'Family Law Forum' started by Jay howard, 6 January 2015.

  1. Jay howard

    Jay howard Active Member

    Joined:
    4 January 2015
    Messages:
    6
    Likes Received:
    0
    Hello, I have been separated from my wife for 2 years. She had moved out of our house at that time as well. We have come to an agreement on a property settlement payout quite a while ago. I just think I am paying too much as I put all the labour into the initial house we bought in Kalgoorlie and also the current house we built in Perth. I know my ex contributed as well, but it feels like I'm going too take a hit as the only way i can pay is too add to my mortgage as I want to keep the house. This will mean the interest I incur will add up over the course of the loan. Now when she left the mortgage was $430,000 and the house was evaluated at $510,000 so we agreed to half at $40,000.

    I have been told that I'm simply paying too much and as my ex has moved out 2 years ago she does not have a claim anymore. Don't get me wrong, I do want to make sure she is ok, but i believe $30,000 would suffice. We have halved all the furniture already and the only matter left is the payout.

    All I'm asking is: Is it worth it to pursue a lesser payment or should i just bite the bullet? I dont want it too get messy as we are amicable but I don't want to be back to square one after all I've worked for. I'm not sure if I have grounds and if it goes to court and I could pay more, I would rather just pay the sum now. I am currently filling out a consent orders [form 11]. This will be for taking her name of the loan and land title. My ex will be sending the divorce papers soon, should I be signing these straight away or wait?

    Sorry for all the questions I usually try to do everything myself, but im perplexed with all the family law legal jargon. Thank you for your time.
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Hi Jay,

    It is near impossible for someone not in your shoes to give you advice as to what is fair and what is too much in this situation because it depends on a myriad of circumstances (financial / non financial contributions, kids, health requirements, disabilities, income earning capacity etc) - which would all be looked at by a court if a court were to determine what the property settlement should be between you and your ex.

    Have you already made an agreement in writing regarding what you will pay to her? If so you will need legal advice on how to get around it.

    If you only really have a verbal agreement - and your dilemma is over $10,000 - I would encourage you to consider the legal costs, the emotional costs (considering you are currently amicable) and stress of fighting it. It may ultimately end up being the case that your lawyers and her lawyers end up with the $10,000 or a good portion of it.

    On the other hand, you could use that line of reasoning as leverage to say that I have recalculated the figures and I think that X amount is fair - if you want to fight it I will see you in court but you can either agree to the deduction from your pay out in X amount or pay that to your lawyers. Its a bit of a brutal approach though, and may mess up your relationship permanently.
     
  3. Jay howard

    Jay howard Active Member

    Joined:
    4 January 2015
    Messages:
    6
    Likes Received:
    0
    HI sophia thanks for the prompt reply. we have only made a verbal agreement.
    I do believe youur right I just probably needed to hear it.I think after all the other anguish and heartache im just trying too look after myself this time but it does seem best too just push through with this and do it painfree.

    With regards to the consent order form 11, this means once we have filled this out that i will avoid the LMI but i can also relate the divorce papers and the land title to this form, is this correct?

    Is there a particalur process too do it should i wait until the consent order form is done? or sign the divorce papers first.

    Once again thankyou sophia.
     
  4. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Sorry Jay I'm not 100% sure what you mean by "relating the divorce papers and land title to this form", and I am unaware of any reason you would need to execute your consent orders prior to divorce papers or vice versa - maybe someone else may know?
     
  5. Jay howard

    Jay howard Active Member

    Joined:
    4 January 2015
    Messages:
    6
    Likes Received:
    0
    I just meant that it would become the primary document.This is what i have read that once my ex and I submit this consent order then its quite straightforward to do the rest of the documents [land title,divorce].Maybe if i sign the divorce papers it wont matter if its done before the consent order,ill have too look into it.

    I think i will stick with my original plan and pay the $40,000 thanks,i appreciate it.
     
  6. Jay howard

    Jay howard Active Member

    Joined:
    4 January 2015
    Messages:
    6
    Likes Received:
    0
    hi sophea

    just with the consent order form 11, I need to know the following if you could help.

    I have aquired a legal document from a conveyancer stating that my ex and i have agreed to a payout.
    When im filling out the consent order i have noticed that i have to declare all my assets and what i owe on the mortgage and so forth.
    Will this affect my payout as i have asked a representitive at the family court and they said if it does not seem fair then they will not approve it. Im not sure as all i want is to avoid the stamp duty.I also have put more into the house financially and manually as well but i have stated that is was an even contribution.I just want this settled like my ex and want assurance that i am not going to set myself up too pay more and it will make the legal document i have written up void?

    thankyou for your time.
     
  7. Jeff1969

    Jeff1969 Active Member

    Joined:
    27 January 2015
    Messages:
    9
    Likes Received:
    0
    Hi Jay,

    My advice is to take the deal. its only $10,000.
    I made the mistake of going to court as my Ex had threatened to take 75%(we had $750,000 in equity); which I believed to be unfair as I had property and assets when we met, I had received over $50,000 in inheritance and had the children....
    I walked out of court with $40,000 (after lawyer fees)
    The stress of trying to get $10,000 is not worth it, let alone the cost of trying to recover it. I can almost guarantee that you will have little of the $10,000 should you pursue.

    Regards

    Jeff
     

Share This Page

Loading...