VIC Wife has Lawyers for Property Settlement - What Now?

Discussion in 'Family Law Forum' started by RBennet05, 27 December 2018.

  1. RBennet05

    RBennet05 Member

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    So a few weeks ago, I received a letter from a lawyer stating that my wife had hired them to assist her with a property settlement.

    Up until this point, I assumed that the wife and I could amicably sort out our affairs without involving lawyers and the courts but I guess I was wrong. They have sent me an initiating application and a financial statement and I'm guessing that I will need to do the same.

    The lawyers are asking me to provide them with a bunch of documents including my tax returns and bank balances. Is this legal?

    I'm not really interested in hiring a full-time lawyer, but I would like to pay someone to write my documents. I can show up at court if required and do not need someone for this process.

    Does anyone know of a law office that can assist me here? I'm located in Melbourne if it makes any difference.

    Thank you
     
  2. sammy01

    sammy01 Well-Known Member

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    I'd suggest you write back to the ex's solicitors and ask them to supply the same documents on behalf of the ex. Are there kids involved?
     
  3. nat 2015

    nat 2015 Well-Known Member

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    My ex lawyer refused to give me any documents, I sent everything they asked for, but when I asked the same in return I was ignored. Sucks big time
     
  4. CSFLW

    CSFLW Well-Known Member
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    Hi RBennet

    If you have been sent the Initiating Application and Financial Statement, your ex-wife's lawyers my have filed proceedings.

    Do the documents have a red-stamp on them?
     
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  5. Rod

    Rod Well-Known Member
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    Yes. In fact it is a mandatory step in property settlements. The experiences of some here have indicated it doesn't always happen as expected, and this is an example where having a lawyer assist when things don't work out as expected.

    I'm a big believer in ADR but it doesn't work if the other side just refuses to cooperate.

    At a minimum you should prepare a response, and financial statement. Is there an affidavit with the application?

    [Moderated - Inappropriate solicitation]
     
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    #5 Rod, 27 December 2018
    Last edited by a moderator: 27 December 2018
  6. Rod

    Rod Well-Known Member
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    [Moderated - Inappropriate solicitation]

    To mod: I can see no fault on my part and I am unclear why my above post was redacted. I have conformed to community guidelines and have an active subscription. People come here for assistance and sometimes need more than just opinion as the OP has already indicated. Please indicate why you deem my message to be inappropriate solicitation when in fact I am paying money in order to be able to do so in suitable circumstances. The OP has asked for assistance, and I have indicated I can help and provided a method in which he may do so. Perhaps you just had a 'bad hair day' and I was handy?
     
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    #6 Rod, 28 December 2018
    Last edited by a moderator: 29 December 2018
  7. Throwawaylawyer333

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    Bad hair day? Lol.

    Does the firm your clerking for know that you’re operating vichelp?

    Your website says: “If we’re busy at court a call back may happen early evening or the following day.“, as well as being incredibly cringey, that line implies that you’re often at Court and a reasonable person would presume that the owner and operator of that website is a lawyer.

    What would the law society say about a non-lawyer giving false impressions (albeit subtly) of being a lawyer?
     
    #7 Throwawaylawyer333, 28 December 2018
    Last edited by a moderator: 29 December 2018
  8. Rod

    Rod Well-Known Member
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    My signature clearly says I am not a lawyer. The website is not promoted anywhere but here. Any advice a person receives is always done through a lawyer, no ifs buts or maybes. Happy to give my opinion and help where I can, but all advice comes from a lawyer. Nothing misleading here or there.

    I am not writing a corporate web site and not particularly fussy about the language used on the site as long as I do not misrepresent anything I tell people. I have lawyers at more than one firm I can refer people to, and do so when people need legal advice. As someone with significant life experience I understand and am comfortable navigating the grey area between opinion and advice.
     
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  9. Throwawaylawyer333

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    Significant life experience lol...

    I’ve seen you reply to many threads spamming your website and saying if they need a lawyer to contact your email. The website implies that a lawyer will respond to their correspondence.

    I actually do happen to be a lawyer who works in Melbourne and you should know that the legal community here is quite small. Based on some of your posts, I’m quite sure I know the name of at least one of the firms you’re claiming to represent and if I’m correct, I actually happen to be good friends with Con.

    What you’re doing is definitely fishy and worth reporting to the Law Society.
     
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  10. Rod

    Rod Well-Known Member
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    Please start your own thread rather than hijacking a thread belonging to the OP and I will reply there. I suggest the pool room would be a more appropriate forum.

    Hmmm, or are you the OP using another account?

    Apologies to the OP if your thread is being hijacked.
     
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    #10 Rod, 29 December 2018
    Last edited: 29 December 2018
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