WA What Happens if Registrar Rejects Consent Orders?

[NDM0808]

Our Consent Orders for Property Settlement have been returned and the Registrar is requesting justification for the percentage division 35%/65% as the Respondent (me) is the primary carer and only getting 35%.

Basically I am accepting this because I need the cash to keep our daughter in the fee paying school she loves, to pay out credit cards etc and I am not receiving any child support as he refuses to pay it. And I cant afford legal representation any more and I just don't have the emotional strength to go through Family Court.

His lawyer responded with the Applicant bought more into the marriage in the way of assets (they keep forgetting I had my own house which was sold to renovate his property ) and that I grossly mismanaged family funds hence the debt. Unsubstantiated allegation - nothing said about the Applicants gambling and drug addictions hence why we had limited funds and now huge debt.

Anyway, if the orders are granted, I walk away with $35,000 cash. I'm happy to take this.

I have responded to the Registrar advising why I was happy to take it - as said above but worded more professionally.

If the registrar rejects it, what happens then? Can the Registrar say they will only grant the orders if the Applicant clears the child support arrears and starts paying child support? Or can the Registrar say no, they will accept nothing less than 50%. Or if they reject them and the Applicant refuses to negotiate as he has done for the past 18 months, will it have to go to Family Court?

 

[Lance]

When determining if a property division is just and equitable the Court uses a four step process:

1. They determine the assets, liabilities and financial resources of the parties;
2. They consider the financial and non-financial contributions made by each party;
3. Assess the future needs of each party; and
4. Determine if the proposed property division is just and equitable.

The reason why the Court may have rejected the consent orders could be because the division is not considered just and equitable. The Court will not grant the orders unless this is the case.

The Registrar may respond to you asking that you seek independent legal advice regarding the proposed consent orders.

If the Court refuses to grant the consent orders and the other party refuses to negotiate you may have to commence proceedings. Before you proceed down that path it would be best to seek personalised legal advice.

You can use this link: Find a Lawyer & Book Online Instantly | LawTap to find a family lawyer in your local area.

 

[running]

I walked away with about 30-35%. I had also run out of money (it cost me over 50,000 already). He was willing to push it to trial and suddenly had money for barristers etc. He bought assets to the relationship.

However I would get legal representation. If you have pressing debts, you may be able to ask for an interim cash settlement. Otherwise, contact your bank and ask for help.