Donate Child Support Calculator
Skip navigation

Property settlement with no children

My marriage lasted 8 years; I was divorced last June 2009.

Have been around in circles with lawyers, then tried mediation.

This failed because he won't disclose the value of 3 truck loads of collectables that he took at separation.

I live in the house with my new husband and we pay all mortgage, rates etc.

Have had no communication with him. Heard from his lawyer last November. They are assuming that the property increases in value.

We will be refinancing to pay him out but I want his collection to be factored into the assets pool. $30K -40K

He says $2K.

He wants 70% as he claims that his derelict house before marriage was worth more than my cash assets. (I took photos before and after I renovated it.)

He worked part-time, 8 hours/week and claimed Centrelink benefits.

I worked up to 5 part-time jobs to pay the bills, did all maintenance, landscaping, and renovations.

He was addicted to tranquilisers and spent most of his time sleeping them off. They also affects his moods and memory.

He has stopped my main area of income by telling the education dept that he 'forbids' me to take in student boarders while he still owns the house.

So I can't afford to pay a lawyer anymore. I don't know where he lives and he is not on the electoral role. I don't know if he still has a lawyer.

Time is running out, as the 12 months will be up in July 2010.

My only alternative is to self-represent and start an application for financial orders.

Any help would be appreciated.
You are unlikely to receive detailed support in public forums. To get proper help there is a need to examine your Forms 14 and all associated materials.

Go to Community and have a look see about joining a closed private area.

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
Do as Mr Agog requested. You will have to initiate legal action, such as an affidavit setting out the facts and the filling in of a financial Statement (Form 13). You will require help as they are not easy and there are 'issues' with your case.


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. 
You are correct in believing that you must initiate an action under the Family Law Act within 12 months of your divorce.
Firstly you file an application in the Federal Magistrates Court - Family Law Division.
In that application you are required to set out some orders you are seeking through the court.
As indicated you are also required to file a Financial Statement. Be brief in the affidavit part of the Application. Try to not cause any more acrimony than is necessary.
If possible try and resolve your settlement through negotiations. If consent Orders are written, these are stamped by the court.
Since the union had no children you ought to eventually have finality.
Once you have filed the application you are then to attempt to serve the documents on your ex.
His remaining hidden does not stop the process.
He will be located and served. Direct documents at his laywers.
The process can be stopped at any time by both parties agreeing to consent orders.
Be mindful that all documents are in themselves evidence and the appropriateness of ensuring their accuracy is important. Remaining un-emotive very helpful.
It is important to list what you believe he has removed. If practicable find those whom can vouch for the items and apportion a value in the list.
The premature dispersal of property, escpecially if sold, is not regarded kindly by the Family Court.
As has been reccommended you need to post in more secure forums of this site.

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
1 guest and 0 members have just viewed this.

Recent Tweets