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Consent orders ratifed by the FMC but the x did not dsiclose all financial details or domestic circumstances

Hello all.

If there is anyone out there that may have an idea or suggestions on the following.

At the beginning of the year myself and my x agreed on consent orders.  At the time the x did not disclose all in the financial statement and also the domestic circumstances, just after we separated the x started living with another person in a domestic relationship.

The question I have is why all the financial details were not disclosed and why the relationship was not revealed.

At the time the consent orders were agreed on the registrar at the time told my x that my contributions to the marriage were quite considerable and it would be in the x's best interest if an agreement was found.

Most of the x's affidavit were lies which I could prove were lies with documentary evidence.

The only reason I agreed on the orders were that I could not afford to go to court and also because of medical reasons therefore under durress when making the decision.

Any suggestions or advice would be greatly appreciated.

Outcome - but not happy?

It is hard to give advice, when you are not revealing what you are wanting to achieve?

You seem to imply that you are unhappy with the consent orders, although you appear to have done well with the financial settlement:

the registrar at the time told my x that my contributions to the marriage were quite considerable and it would be in the x's best interest if an agreement was found

Is it that you want more time with children (if there are any involved) or (and I think this is more likely) are you just a bit down that you didn't get your day in court and the ex didn't get "caught out".

Having been through something where consent order were achieved, I understand the let down. While it is emotionally satisfying to see the other party get some comeuppance, you have to decide on whether to stay in bitterness or focus on the future.

The healthier option is to focus on the future.

If it is an issue of time with the children, the lesson to learn for others, is to resolve child matters first and foremost. That way, you remove any emotional blackmail that may be used over property.

If it is an issue of time with children, you will have to wait and see what, if any, contraventions occur. See if your circumstances considerably change and consider going back to court when you have something big and relevant to go back to court over.

I doubt an appeal would be granted. Appeals are also expensive and extremely difficult to carry off as an SRL.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Artemis makes a good point which, put another way, is this;
You may have the right under s79A to pursue an Application to have the Orders set aside and start again with the property settlement (not the childrens issues), however, is that what you really want to do?
Do you wish to engage in further litigation over property? How much property was not disclosed? Is the result going to be much different? Do you want to take the risk that if you are unsuccessful, a cost order would almost certainly follow?
These (and probably a few others) are the relevant questions.  
The bottom line is that I have had cancer and may have it again, all through the process before the consent orders were made the advise given was that it was unlikely to be taken into consideration because I had been clear for some years (4), what happens, just after 3 months since the agreeing on the consent orders, my worst fears are apon me.  There were no children during the marriage.  The x lied, did not disclose everything financial (was there something to hide), did the claim for compensation the x have go through and did not want to disclose the amount.  

I quess the bottom line is that I am screwed…

Thank you everyone who has taken the time to give me advise…   I have also tried to make a contribution to the site today but I keep on getting an access denied error message.

Going to be homeless, in debt and cancer, ISN'T LIFE GRAND

It is hard being objective and not emotional,
This is indeed a very emotional time for you.

I understand. I have lost many family members to cancer and other family members have battled it.

The common thread through all the trauma is to appreciate what you do have and gather around friends, family and people who love you.

Try to move past the ex and all her machinations.
Try to focus on you and the really, really simple pleasures of life.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Thanks Artemis,  It would be nice to have friends, I gave them up for the x, My family are either interstate or hundreds of klm's away.  It is hard to keep a smile on my face, I have been under terrible stress every day for the last 8 years and it does not seem to get any better.  The only thing I am hoping for is to have one or two days without having to worry about anything which does not look likely for some time to come.
You're more than welcome ILG.

Time to fly the distress flag, send up a flare, rally the wagon and get the family - any family around you.

Allow yourself permission for a certain amount of time, each day to do something really, really silly. For me, it's blowing bubbles and doing daggy dancing to really baaad music. Not necessarily at the same time.

Maybe give Sage a Whisper. But definitely pick up the phone to someone if you're having a shocking day.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Don't give up and do what you feel deep down is "right thing" for you to do.  Others can give you their best advice, but they are not you and you are the only one who should decide what will work for you.

So here is what I believe the law is:

You basically have 12 months to from the date of the orders to raise your objections provided you have valid reason to do so - after 12 months, it is much harder.  So think carefully and fast, as time is marching on.

You believe that you can prove that your ex has knowingly withheld information about his financial circumstances - if so that means that he had something to gain by risking non-disclosure. Your circumstances have changed dramatically; hence you have a valid reason to apply to have the orders set aside.

If you were to seek new orders, try to ascertain how much "more" do you think you could gain financially and emotionally?  Will it make a lot of difference to you in the long run?  What are the potential risks?

If your ex has withheld information, he should realize that litigation could prove expensive for him.  There is no harm in letting him know that you are considering reopening the case on the basis of his non-disclosure.  It might just be enough encouragement for him to make you an offer.

From my perspective, get as much information as you can and make an informed decision.  Keep your emotions out, if you can.  Your first responsibility is to look after your welfare.  Good luck with what ever you decide.  
Interesting and contradictory advice, Happy. Firstly, Isntlifegrand is a he and the "ex" is a she.

Happy said
If you were to seek new orders, try to ascertain how much "more" do you think you could gain financially and emotionally?  Will it make a lot of difference to you in the long run?  What are the potential risks?

There is nothing to be gained emotionally, if you are trying to be unemotional about going back to court?

 
Happy said
Keep your emotions out, if you can.  Your first responsibility is to look after your welfare.

While input is always welcome on the site, perhaps some more reading will inform the quality of your posts.

I think you are saying, forget court, you may get some extra money out of it, but it's not really worth it?
Forgive me if I have paraphrased you incorrectly.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Thanks Artemis, I wonder if it is the norm for people to think that the majority of the time it is a male who has been the perpetrator of bad deeds and it is the woman who has been hard done by.

The reason why I have been thinking of going back to court is because when I was overseas I was sending back a lot of money, when I arrived back here there was nothing.  There was also a vehicle that was sold for thousands of dollars less than what it should have been, the x sold it to a friends friend.  The question I have is why did the x choose not to disclose two bank accounts.  

I have been doing some research and have to weigh up if it is worth trying to have the orders set aside or not.

Another question that someone may be able to answer is, if the x receives a compensation payout from an accident that happened whist we were still together which affected me as well as the x, do I have any grounds to initiate court proceedings.

Case

To answer your question as best as we can, we would need all details. There does seem grounds to go back to court, but we would require a full look at the case.

Monti

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 

Putting it on the scales

Hi ILG,

It is the norm for most people to think in stereo types and in terms of black and white.

Example, I left my husband, people immediately imagine him to be an axe murder/abusive/cruel. No. He's an ok fellow, just not someone I could live with day to day and his views on child rearing differed…after the children arrived.

Isntlifegrand said
I have been doing some research and have to weigh up if it is worth trying to have the orders set aside or not.

Exactly. You have an illness. I don't know what the prognosis is for that, but you have to decide if it is worth the hassle of going to court for.
Of course, you may enjoy having that as a reason to get up in the morning. It is entirely your choice.

I believe that you are definitely entitled to 1/2 or a portion of the settlement if the incident claimed for occurred whitin 12 months of separation.
If it was a civil matter, you should have been a party to the proceedings if the issues involving your former partner impacted on you and your quality of life.
Perhaps one of the property "bulldogs" as Agog calls them, can back me on this, but I believe I am right.

You could easily have the orders set aside sighting health issues and duress.

The question is - Do you want to?

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Thank you for your feedback Artemis and I hope that you will allow me to explain myself better:

I apologies for mixing x and ex.  No bias involved.
 
No I am not saying forget the court - I am saying try to negotiate first with your x, from basis of knowledge and confidence that your claim will stand in court.  You may just get what you want without the risking costs.

As to my reference to emotions - keep them out of your decision making process, so if you do decide to go to court - you will know that you have a very strong case and will be able to present it with with minimum of stress.

If you decide that in order to protect your welfare, you must go to court, so be it.

If you x has re-partnered you have the right to full disclosure of her partner's income and resources as these get taken into consideration in her "future needs" claim.  They may not like to disclose these and might prefer to settle without going to court.  Good luck.
ILG,
Can I just clarify one point for you;
under s 79A (overturning final Orders for lack of disclosure etc) there is no 12 month time limit. I suspect Happy may have confused s 44(3), (12 month limit after divorce).
Can I restate some earlier advice; there are costs implications in s79A Applications. Costs tend to be awarded to the successful party. Be sure that any Application to overturn the Orders has good prospects before applying.
I don't mean to sound unduly negative, but a cautious approach is warrented.
Hi Testing 1-2,  Thanks for the advice,  I was aware of the 12 month time limit (after divorce).  As of yesterday I have bigger issues (health) to worry about so if I do decide to go back to court it will be at a later date.

All the advice that I have been given is greatly appreciated, if I had my wits about me at the time I would not have agreed to the consent orders.  
Fix your sights on your health right now the rest can be looked at further down the track, best to prioritize your health issues above all else.

Sometimes issues like has been discussed may be a way to avoid thinking of what is most in the mind.

If you do feel you need to post about what you are feeling and going through without concentration on legal matters I know DID's forum would be happy to offer any support it can.

All my best D4E.
 
Hi all, Just a little update, I have had two minor ops since my last post and yes it was cancer, hopefully the second minor op gives me the all clear, they said I caught it in the early stages.  Twice lucky.

Situation:  Pay the x a some of money by a certain date, if by that date the money is not paid the house is to be sold and interest applies.

Execution: Due to breakins and not being able to afford the additional mortgage I decided to sell the house and tried to inform the x directly and through her lawyers 1 1/2 months before the due date.  The mortgage was in both names so I required the x's go ahead

The x did not make any contact until one or two days before the due date (was it a ploy to get more money, certainly seems like it)

I recieved a letter from the x's lawyer saying that they now want interest calculated from the due date plus extra from non payment of one months mortgage (I contacted the bank and they advised I did not have to pay the mortgage because contracts had been exchanged.  Looks like I am going to have a fight with the banks also).

As I see it, I may be wrong, I should not have to pay the interest because of the x.  I have everything documented, emails, sms's, letters.  The thing with the mortgage I will have to fight it out with the bank.  It just happens that the account that the mortgage payment came out of was one of the accounts that was not disclosed when the Consent Orders were made.

The goods mentioned earlier in this thread have been disposed of because a due date was given and no contact was made by the x.  Obviously all the x is interested in is the money.

Any suggestions or am I just sucking on lemons.
Best hopes for the future ILG hope things stabilise health wise.

Can you tell us a little about what the consent orders were, and the time limitations on the agreement.

The lawyer may be just pushing with no real bite.

You have probably mentioned it all in another thread so even the thread link will be fine.

All best D4E
Did you sign a BFA (Binding Financial Agreement) and/or a Deed of Release?

Non-disclosure by a party to a BFA can be grounds to have them overturned.

Do you have established facts that substantiate your allegations in respect of the non-disclosure?

To what extent would the outcome differ if these facts were to be adduced at a hearing?

Any change in your health might not be considered.

If you are able to subpoena the statements from the bank account the nature of the evidence might be a good indication as to whether it is worth battling on in the court. Orders tend to create a structure that are best worked within. The bank are unlikely to be your friend. If your hospitalisation caused you to be unable to satisfy the orders, considering an application for a temporary stay in the orders may be an option.

Without seeing your orders and having all the information these comments should be considered conditionally.

When the matter has not been heard before a judge the assertions of the parties are untested. This is a substantial problem in a case as yours. Read a judgement some time and recall it wasn't easy.

Hope you can find a resolution that allows you to reduce the tensions in your being and your health to improve.

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
I'm leaving this one to the property gurus ILG. I am very glad that your health is better. I hope you'll keep blowing bubbles and doing silly things tho'  ;)

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
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