NSW Where to from here - division of property

[Lewis5647]

Hi Everyone, I was hoping that you could offer me some advice. I am a bit lost.

I'll try to keep it short and not overshare too much. My wife and I separated in March 2020. I and our two sons left after she reported me to the Police. I was arrested for damaging property and the Police put a ADVO on me. When the matter was heard in November, the magistrate dismissed the charges and the Police withdrew the ADVO after the truth was revealed with witnesses who confirmed what actually happened.

Since that time my wife has applied for a personal AVO on me based on the same spurious and false evidence. It is due to be heard in June. I have been looking at the family court's website and they suggest that a genuine attempt at mediation must be made - except in cases of domestic violence. I have sent by registered mail an offer to negotiate as well as an offer to attend mediation with Relationships Australia via a document server. Would these attempts be enough in your opinion?

My youngest son does have minimal contact with my wife, but she has made it clear to him that she has received my attempts to negotiate and that she will never respond or agree. She has moved her boyfriend into our former family home and is sub - letting the other two rooms. Meanwhile we are living in my elderly parent's home. I have a permanent job but going slowly broke supporting kids and parents ATM and a bit short on cash to see a lawyer.

I would be grateful for any advice on where to go from here. Thanks.

 

[sammy01]

who is paying the mortgage on he home the ex is living in?

I would not be offering to mediate. Let her take that initiative to organise and invite you to attend.
Are you recieving child support and family tax benefit?

 

[Atticus]

I have sent by registered mail an offer to negotiate as well as an offer to attend mediation with Relationships Australia via a document server. Would these attempts be enough in your opinion?

The usual process is one party contacts an accredited mediator or service. The mediator then cont cats the other party to attend mediation... If the invited party refuses to attend, the mediator can then issue a section 60I certificate to the other party.. that certificate will enable you to apply for property orders.

She has moved her boyfriend into our former family home and is sub - letting the other two rooms. Meanwhile we are living in my elderly parent's home. I have a permanent job but going slowly broke supporting kids and parents ATM and a bit short on cash to see a lawyer.

1) Is she paying you child support?
2) Are you contributing to mortgage or other costs associated with the marital home?

 

[Lewis5647]

The usual process is one party contacts an accredited mediator or service. The mediator then cont cats the other party to attend mediation... If the invited party refuses to attend, the mediator can then issue a section 60I certificate to the other party.. that certificate will enable you to apply for property orders.


1) Is she paying you child support?
2) Are you contributing to mortgage or other costs associated with the marital home?

Thanks so much for your advice here Atticus. She isn’t paying child support as she claims that she is no longer working. i pay the rates and insurance and electricity bills on the house. Thanks again everyone for your kind help.

 

[Lewis5647]

who is paying the mortgage on he home the ex is living in?

I would not be offering to mediate. Let her take that initiative to organise and invite you to attend.
Are you recieving child support and family tax benefit?

Sammy thanks for your reply. She is paying the mortgage and I am paying the rates and electricity. We don’t get any FTB as -apparently - my income is too high! Laugh, shake my head etc

 

[Atticus]

She isn’t paying child support as she claims that she is no longer working. i pay the rates and insurance and electricity bills on the house.

Inform Child support & get an assessment done anyway... If she isn't working she will only have to pay the minimum amount but the important thing is that there will be an assessment in place.... See this link for how to apply >>> Child Support

Stop paying rates... Call your electricity provider & cancel the service TODAY.. She will have to apply to get it in her name... She is using it, she responsible for it.

Call a mediation service & get that invitation happening, the sooner you get the s60I certificate, the sooner you can get a property settlement happening.

 

[Lewis5647]

Oh Atticus, thank you. Will get onto it right away. Mate, I was lost without your help here.

 

[sammy01]

You have 2 kids living mostly with you?
How much do you earn (Gross a year)? You'd have to be earning over $150 000 to not be entitled to some family tax benefit (guess)?

Stop paying anything to do with the house. No rates, no electricity. Why should you pay for electricity that is being used by the tennants. I'm guessing she isn't giving you any of the rental income generated?

Mate your priority should be applying for court orders to get her to sell the house.

 

[Atticus]

the mediator can then issue a section 60I certificate to the other party.. that certificate will enable you to apply for property orders.

Hi @Lewis5647 .... On reading your first post again, I think I may have given you some slightly incorrect info .... The Section 60I certificate is only required if you are applying for a parenting order or property AND parenting orders.

If you are just applying for property, the pre action requirement is just that each party make a genuine attempt to resolve the issue via family dispute resolution prior to filing ,,, If you have proof from a document server that she has been given that information, & it has been ignored or refused, then that should be sufficient to satisfy the pre action requirement...

 

[Lewis5647]

Hi @Lewis5647 .... On reading your first post again, I think I may have given you some slightly incorrect info .... The Section 60I certificate is only required if you are applying for a parenting order or property AND parenting orders.

If you are just applying for property, the pre action requirement is just that each party make a genuine attempt to resolve the issue via family dispute resolution prior to filing ,,, If you have proof from a document server that she has been given that information, & it has been ignored or refused, then that should be sufficient to satisfy the pre action requirement...

All good thanks so much Atticus.