NSW Unfair Family Law Proceedings - Options?

Discussion in 'Family Law Forum' started by ttmmpp, 24 April 2019.

  1. ttmmpp

    ttmmpp Well-Known Member

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    Please, can anyone help me how to survive from the unfair situations in the extra long time and endless proceedings?

    The unfair is:

    I did refinance and put huge amount of the refinanced money into a house which is currently under her name. That means I have to pay extra home load however she rented it out and took all the cash rental into her own pocket. I definitely can not hold this for long time. It has been almost 4 years since the family law proceedings started. The matter is now still in the waiting pool and not even a fixed judge to be assigned.

    A few days ago, I had to hand over one of my properties to the bank. My another one is also in dangers. If the proceedings are still hanging like this I may soon become homeless.

    I used to have stable job and income, properties and family. I had never expected just one night everything changed. I am now getting to the edge of bankrupt. All of these were mainly due to a low level frame up from the ex and especially the fatal unfair situations during the endless, extra long time proceedings.

    As for the frame up I mentioned above, if you are interested you can read my another thread which was open on 2017: NSW - Framed by Ex - What to Do?

    Background:
    -- Before separation, we lived together 5 - 6 years, including 3 years marriage
    -- We have some properties, my financial contributions were more than 80% when purchase
    -- I worked full-timely during the whole relationship
    -- The ex was unemployment for around one and half year before the separation
    -- We have no children

    Story in brief:
    -- I did refinance on all of my properties and purchased a house.
    -- During the settlement, my name was strangely removed thus legally I was excluded from the house.
    -- Interestingly the conveyancer who removed my name became her family law matter solicitor later
    -- I spent a lot of money & time on renovations. When all finished it was built 4 extra bedrooms
    -- On a Friday night two police suddenly came in, pronounced an AVO against me without notice in advance.
    -- While the ex-wife said she was going to fill the patrol and drove the only family car away hours ago
    -- I was forced to leave the house immediately thus physically I was excluded from the house.
    -- I did not know what happened until after one month some mutual friends told me the truth
    -- The ex was seen driving my car, living with another guy in another city
    -- The ex previously issued AVO against her ex-boyfriend while she was applying PR by de facto marriage
    -- Then I found the advertisements on web to rent all the rooms of the house
    -- The ex provided faked statement to police which successfully misled the police to charge me
    -- At the meantime the ex lodged the application to start the property deviation proceedings
    -- I had AVOs, criminal charges, divorce proceedings and property deviations at almost the same time
    -- The ex delayed every single process. She applied to vacate the hearing & extern AVO all the time
    -- The criminal charges lasted almost 2 years with 3 hearings and no chance for me to talk the facts
    -- On the last hearing when her again vacation application was rejected she did not attend to the court
    -- The police withdraw every charges against me but I had spent a lot of money and run out of my cash.
    -- I also lost my job due to the longtime pressures & depreciation while she framed me up with zero cost.
    -- As I was not able to afford home loan I applied to the court to sell a property under my name
    -- The property was purchased before marriage and she had no financial contribution on it
    -- However the other party objected everything and the property cannot even be listed on the market
    -- I raised another application on January for this but the matter is still pending hearing to be arranged
    -- I believe her purpose is to delay the proceedings so that to make me not afford legal fees
    -- Because I contributed much more than her if proceeding is faster she cannot get much from it
    -- During the proceedings delay she can get assets transferred slowly to her own. e.g. rental income
    -- From her bank statement provided last year her debits are getting more and more
    -- E.g., $5000 withdraw from ATM, then transferred from her mother's account marked "Loan to.."
    -- She stopped paying any bills and her liabilities got more and more but she refused to sell properties
    -- A lot of others...

    I am worrying if the things are still going like this finally the assets will become negative and I will be homeless with debits but in fact the assets will be transferred to her side...

    I do appreciate your help to point me towards what to do next to survive from this.

    Thank you
     
  2. sammy01

    sammy01 Well-Known Member

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    stop paying any mortgage - let the bank take the house
     
  3. ttmmpp

    ttmmpp Well-Known Member

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    Thanks for the advice. Did you mean I should hand over my another property to bank as well? If so I will become homeless and even though I will still owe in debt as the current market price has redused more than 20%..Is my situation normall in Australia when people divorce?
     
  4. sammy01

    sammy01 Well-Known Member

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    the house that is in her name? you're paying the loan? stop paying...
     
  5. ttmmpp

    ttmmpp Well-Known Member

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    No, the loan of the house is under her name. I meant I did refinance on all of my 3 properties and invested huge amount of the refinanced money into the house. She did not want me to involve the loan. She told me I need to do refinance and not good to applied new loan. She would handle everything so that I could focus on work and did not need to worry much about it. I was so silly at that time to trust her that much. I even thought she got to understand my difficulties and started to share the responsibility...Now I know she planned so well.

    The unfair is huge and not many people are able to afford this unfair for long time. It has been 4 years already but the case is still in waiting pool while I am now getting to the edge of bankruptcy. I am very disappointed and entirely exhausted. My whole life has been destroyed.

    To be honest, though it's been so many years I still do not understand how this system is running. Yes, she framed me up, did bad things on me, I would say I was destroyed not only by her but in fact mainly by the very slow, extra long time, endless proceedings and the unfair of the system.

    1. During the settlement, without my instructions my name was removed and the convenycer became her family matter solicitor without issues. Obviously there were conflicts. How could this happy?

    2. When I complained to the Law Society the case was suspended and was hanging there for years just waiting for the outcome from family court. And during so many years waiting I may have missed the time limit to chase for truth...How could this happen?

    3. I was suddenly pronounced an AVO by the walk in police when I was in my house and then I was forced to leave the house immediately. No any notice in advance, no any verification in advance and after two hours that the wife drove the only family car away... How could this happen?

    4. The wife's statement are full of obvious lies. e.g "I started to know this year that I have certain rights to ..." while she issued an AVO against her ex-boyfriend for migration years ago. The police were so easy to charge a person and besides of that, the police helped the ex-wife to delay every hearing, even already after one and half year, before the last hearing, the female constable still wrote email and tried to delay, "I know there is a small chance (to delay this time) but I still want to try..." How could this happen?

    5. The extra long time, unreasonable criminal charges against me have brought me huge pressures and I have lost too much include my job, time, health & mental damages and money. However from beginning to the end there was no any chance for me to talk about the facts. And, I was not able to claim even one cent back but the wife spent zero money, lied and made faked statement, destroyed whole my life without any penalty. How could this happen?

    6. Also during the extra long time family matter proceedings the wife lied everywhere in her affidavits but seems to be no any penalty. Though I contributed more than 80% when the proceedings are finished more likely I will become homeless with huge debts but in fact the assets step by step move to the ex-wife's side. Thus an honest, hard working person who did more contributions and who paid tax will becomes homeless, and a liar who cheated the police, cheated the centrelink, cheated the council will live better and better. How could this happen?

    6. I have no income, no money, no cash, and due to the refinance and the unfair in the past a few years my properties are already negative values. The real assets have moved to her side. I was not able to sell my properties because of the caveats. I can only see my debts are getting more and more day by day. Interestingly I cannot get help from centrelink, I cannot get help from legal aid, because I have property! They are like locked each other but I am locked in the center.

    Well...anyway, I am only a normal person without any power, and too small in the system. I know it is useless to mention the above here I just hope anyone happens to see and let me know where I was wrong (except married her, I already knew that was a big mistake).
     
  6. Muxaul

    Muxaul Well-Known Member

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    I feel your pain and frustration. If you are near bankruptcy then you have nothing to lose and everything to gain. If legal aid won’t help you and you have no job but time, then maybe start learning self representation in court. Again, you’ve got nothing to lose.

    Below are my own thought and in no way legal advice. Correct me if anyone finds them wrong:

    1. The property that she bought within the marriage, is marital property, regardless if your name is on it or not. And if you can prove that you made significant financial contribution to this property by refinancing your old ones and used their equity for deposit of the new then you’d have a significant claim on a share of her Propety. Place an caveat on her property too if you haven’t done so.

    2. If you have debt incurred within the marriage, that’s marital debt. If your debt is greater than the equity on her house, and your total asset pool is negative, then she may end up carrying some your debt.
     
  7. ttmmpp

    ttmmpp Well-Known Member

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    Hi Muxaul,

    Thank you for your advice. We already put caveats on the properties under each other's name. I am currently representing myself as I am not able to afford legal fees. Actually I already attended to the court twice for myself however the problem was when I stand behind the counter when in the court and after several questions I started to realize that the judge had not read my affidavit at all. He did not know what happened. And, when I realized this it was too late to summaries all my stories within a few minutes. The judge soon lost his patience and would not listen to me anymore. I applied on January, mentioned on March, it is now already May but the hearing date is still unknown.

    My contributions were more than 80%. It is clearly showing on the bank statements. If the case finished soon she won't get much. However because of the unfair of long time proceedings my assets are now becoming negative and I believe her assets will also become negative some day. From the affidavit she lodged last year she kept "borrowing" money from her relatives and her debts were getting more and more. I am worrying when all finished we both will have huge debts but in fact the real assets will have been transferred to her families slowly. Her last affidavit showed she already “owed" her families almost 900,000 dollars...
     
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