I believe lawyers practicing in family law are having a field day with everyone's assets well and truly on the line. If you seek grant legal aid, probably only granted up and including the first return date, then you gott'a pay for protracted proceedings with grossly inflated legal expensive's to round about the amount of assets you used to have
Get this! my daughters ex left her at 7 months pregnant then when baby was born he put in for full custody, the fight went on for years we spent One hundred and Fifty thousand dollers fighting the case it cost him NOTHING... legal aid covered his costs.
And guess what the court said if he can come over to see his child from Tasmania to Vic THREE times' first to show good faith then he can have her for half school holidays ect.
He came over once that was 4years ago havent seen him since.
The family court is terrible in Tas at least we got some sense when we moved over to Vic as we got an honest Lawyer a rare breed indeed.
But the family court needs to be overhauled as you are at the mercy of the Judges and Lawyers and no matter what happens nobody is allowed to criticise it as they are answerable to NO one except their own.
The legal system does not talk in dollers only thousands of dollers its disgusting.
I have just had an admin review done to assess how much child support that is to be paid for the next year , one comment by the gentlman who ran the review is that because that I have been able to pay an elevated level of Child Support I should continue to. As I have always tried to pay before its due so not to attract all the extra costs I feel real cherry about this .
Well I'm about to ring Csa and have a review done - my file is still in the overseas section, I have to update his address etc, so that they can update his income etc.. I deliberately left my arrangements as private, but now Csa can deal with... why the change of attitude, simply...because I allowed him to label me a "Mug"
Then the next call is Legal aid, and set in motion "Property Settlement"
I think I have dragged my heels long enough... like 3 years to long... So now I am taking back control and to hell with him...
bubbles2012: Well I'm about to ring Csa and have a review done - my file is still in the overseas section, I have to update his address etc, so that they can update his income etc.. I deliberately left my arrangements as private, but now Csa can deal with... why the change of attitude, simply...because I allowed him to label me a "Mug"
Then the next call is Legal aid, and set in motion "Property Settlement"
I think I have dragged my heels long enough... like 3 years to long... So now I am taking back control and to hell with him...
You'll probably feel better just setting the wheels in motion
Thanks Rob - not that's there's any assets to speak of except the house and I have got that, so there's only the super. I just want what I am legally entitled to - no more, no less.. I just don't want some asian bimbo claiming my share (childrens) when she has done nothing to earn it...
But yeah, like you and Martia I am very cynical at the way the courts etc do business... they aren't really there to look after your interests, except their own... unless you have a really good shark of a lawyer but then you need an arm and leg to pay for them, which I don't have..
Luckily I don't have to deal with the family court with regards to the children.. so that's a plus
We both spent over $10,000 on lawyers/barristers, ended up with the 60/40 split. $100,000 for her $70,000 for me - the legal costs. I chose to keep the property, rent it out and pay the ex out from the new loan as it wasn't selling and I just wanted the whole thing settled and over already. Turns out I saved on stamp duty by keeping it as I would have had to pay stamp duty on a new purchase.
Ex has more or less signed over the house to me, I make the mortgage repayments on it. He felt that since he never lived in the house - it was only fair that I got it - ... (wasn't his idea - his parents told him to do it...)
I just think the people who sell their home to settle the property don't think. ie: the extra money they'll be out of pocket for stamp duty You're always better off getting the loan yourself to pay out the ex.
bubbles2012: Ex has more or less signed over the house to me, I make the mortgage repayments on it. He felt that since he never lived in the house - it was only fair that I got it - ... (wasn't his idea - his parents told him to do it...)
1. You need to make sure his name is not on the title.
2. The best thing for you to do is to get organised. Go through all of you paperwork and sort it out for relevance and date order. Then write it all out clearly with references to each document. This saves on mega lawyer bills as they would charge you $200-300 per hour just to do what you can do for nothing. Then put it aside for a week and read through it to make sure it makes sense.
3. Go to the court (with your best blonde hairdo) and ask for some help on how to file the papers for property settlement. And there are different costs so always ask if there is a cheaper way. The Chamber Magistrate is also there to help you where he/she can and would be worth trying to have a chat with him/her.
4. For the divorce, there are 2 courts where it can be done so make sure you ask which is the cheaper one. Once you file your papers, there is a 3 month wait for hearing. If no arguement, then it just about happens there and then.
Of course, this sounds very simple but the Family Law Act is about 1,000 pages long and totally confusing, and there are umpteen thousand books written on it and you will be, like most of us, still totally confused.
We may all sound like we know all about it but the truth is that even the lawyers do not understand Family Law, and they charge mega bucks hoping you won't find out.
And one word of advice. Be honest. If you are caught out on 1 little thing, no matter how trivial, it can work against you.
wash2u: 1. You need to make sure his name is not on the title.
2. The best thing for you to do is to get organised. Go through all of you paperwork and sort it out for relevance and date order. Then write it all out clearly with references to each document. This saves on mega lawyer bills as they would charge you $200-300 per hour just to do what you can do for nothing. Then put it aside for a week and read through it to make sure it makes sense.
3. Go to the court (with your best blonde hairdo) and ask for some help on how to file the papers for property settlement. And there are different costs so always ask if there is a cheaper way. The Chamber Magistrate is also there to help you where he/she can and would be worth trying to have a chat with him/her.
4. For the divorce, there are 2 courts where it can be done so make sure you ask which is the cheaper one. Once you file your papers, there is a 3 month wait for hearing. If no arguement, then it just about happens there and then.
Of course, this sounds very simple but the Family Law Act is about 1,000 pages long and totally confusing, and there are umpteen thousand books written on it and you will be, like most of us, still totally confused.
We may all sound like we know all about it but the truth is that even the lawyers do not understand Family Law, and they charge mega bucks hoping you won't find out.
And one word of advice. Be honest. If you are caught out on 1 little thing, no matter how trivial, it can work against you.
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If you seek grant legal aid, probably only granted up and including the first return date, then you gott'a pay for protracted proceedings with grossly inflated legal expensive's to round about the amount of assets you used to have