SA Separation and Property Settlement - Thoughts on Distribution of Assets?

[DadyO]

Thank you for your input DadyO, much appreciated

That is the conclusion I'm getting to, too.

I'm am thinking of offering Spousal Support rather than increasing Child support - in my mind I have then closed that avenue for her as well. Obviously only until my youngest child turns 18. Any thoughts on that strategy?

Also by offering over and above on support can I then be more aggressive on property settlement and go 55/45?

Obviously, I want to offer her a package where there is no benefit of going to court.

From here, these kind of fine details are too dependent on factors such as, your wife's attitude and the advice she will receive from her lawyers and whatever spanners are thrown in by friends and family (she will get lots of advice that may cause trouble) to make general suggestions.

Good luck and don't let your heart rule your head.

 

[Flemming]

Hi AllForHer....

I have now settled with my ex-wife at 60/40, but gave in on the spouse support mainly to support the kids.

Now, I need to document or agreement on property and kids and formalise the agreements so they become legally binding. I want to do much of the work myself, so what is the best way. Where do I find the best diy forms and examples? What is required?

It sounds like I can do it as a consent order or a Financial binding Agreement - what is the best? Do I need to do different agreement on Kids and property and spouse support?

And then I suppose that I need to go through a lawyer to file right?

Who long is the process to get it legally binding?

Appreciate your input.

Best Regards

 

[AllForHer]

Hi, @Flemming,

Glad to hear you've reached an agreement with your ex - always a much better option than going to Court.

A consent order for all of the matters you've agreed on can be written up using the DIY kit here: Application for Consent Orders (do it yourself kit) - Family Court of Australia

You do have to get legal advice before finalising a property settlement, but it's a good idea to do this anyway so you can have a lawyer check that everything you need to have covered is covered by the consent orders. Often, people skip over little ancillary orders, like timeframes for enforcement, that become issues later on, whereas a lawyer will help ensure you've got all of those issues covered. Legal Aid offers free consultation for family law matters, so give them a call for an appointment.

It's difficult to give examples of consent orders, unfortunately, because they are all so vastly different, but the legal advice you have to get can provide guidance on this as well. If you want some examples, you can find them on the AustLII Federal Circuit Court database of decisions and searching for parenting or property settlement.

Consent orders cost $160 to file, you can probably expect about $500 for legal fees for advice, or a little more if you get a lawyer to draft the orders for you. Obviously, it won't come anywhere near the cost of actually going to Court, and who knows, your ex might agree to halve the cost and pay it from joint funds anyway.

Hope this helps.

 

[Flemming]

The consent order agreement was drawn up and signed by me and my lawyer including agreements covering spouse and child support, but even though we had an agreement my ex wife is now declining to accept following I guess input from a new who has told her she should get 75% to 80% of all assets - in summary I'm paying:

60% of all property
Slightly above max on Child Support
28.5% of my net income in Spouse Support (nearly 50% of my net income when taking into account child support

I might be paying on the low side on the property split but on the other hand I'm sure I'm paying over the odds on spouse support.

So my position is - if you want more you need to go to court, but then I will withdraw my offer on spouse support and just pay the legal limit on child support. How should I proceed?

Should I continue to pay spouse support as if we have an agreement or will this form a precedence?
I'm coming up to the 1 year of separation and want a divorce - I guess I can just file myself and move on in that respect?
Then I understand that the property split needs to happen within 12 months of divorce - What if there is no agreement? Who exercises this 12 months rule?

Appreciate your input

Thanks

 

[Rod]

Should I continue to pay spouse support as if we have an agreement or will this form a precedence?

Up to you. If it was me - no. You will not be credited later by a court having made these payments. The court will not pat you on the back and give you a credit point.

What if there is no agreement?

Nothing happens, unless leave of the court is obtained.

Who exercises this 12 months rule?

Think you mean who applies. The person most disadvantaged by the current situation. They are wanting property/money they do not have in their possession.