QLD Separation and Property Settlement - What to Do?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


14 January 2015
I hope I am in the right forum area for this family law question. I just came across this site and would appreciate any feedback / thoughts.

Involved are 4 x Boys:
19yo lives with me full time
16yo lives with me full time
11yo 50/50 (Monday to Monday)
07yo 50/50 (Monday to Monday)
1 x ex husband 47 on veterans pension
1 x ex wife 43 works (low income),

We separated officially Jun 2013. Wife left Jan of that year she went overseas lived with friends on and off until mid June. She moved back into family home to give it another go, didn't work, she flipped out, (again), and called police and somehow I was the one asked to leave. Absolutely no history of family violence (at least on my part), nil claimed by ex; and this was verified by police interviewing the older boys.

I am currently renting and property settlement is complicated as it involves three houses one she is living in and two other rentals with little to no cooperation to settle by the ex. Situation is being hampered by her emotional outlook, (someone needs to pay for whats happened).

I am surviving on a veterans pension of which I pay school fees for three of the boys, support living expenses for the two older boys 100% and two younger boys 50%. I pay my rent, and all house repayments including the family home which she resides, (She can't afford it, apparently, and I can't afford for the bank to foreclose). I pay her content insurance and up until recently her car insurance amongst other stuff. Her only real contribution is rates for the house she lives in. Yep I'm going broke, but I'm free.

Our marriage is irreconcilable, (with a cherry on top), and I so desperately want to move on and get on with my life. I started a company, (in name only), Feb 2014 that comprises of 2 x $1 shares and has to this day not traded a cent. I want to start running this business (Fitness training) but don't want this to complicate an already complicated situation. Do we need to have settled before I am free?

Her stubbornness and inaction to resolve a situation that she initiated and desired is really throwing a spanner in the works. I just need to move on. Currently I'm training people for free which I love; however, it really isn't a fantastic business model. If required I can easily demonstrate at least 18 month gap from separation before any future earning outside of my defense pension.

I would really appreciate any feedback.

Thanks so much in advance

Victoria S

Well-Known Member
9 April 2014
This is more complex and would require legal advice from a lawyer. In the meantime, why can't you charge people for your training? A property settlement which is documented in writing would be the way to finalise that side of things. Also, have you made a divorce application? You can do that once you've been separated for 12 months, which you say you have. Some mediation/dispute resolution with Family Relationships might be a good idea to help things move forward in the right direction. Read these other LawAnswers Family Law Forum threads on the property settlement topic:
"Property Settlement - Any Tips?".
"Property Settlement - Ex-Partners Entitlement If No Divorce Yet?".