| Property settlement advice please | ||
| separated for 6 months , 3 children, ex husband refusing to leave the house i own | ||
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Posted 31 January, 2010, 07:34 PM
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General Member
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hi as quickly as i can
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| The way need not worsen your path. | ||
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Posted 06 February, 2010, 08:24 PM
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Percolo Alio
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mishuo Your matter has some unique aspects that do not permit a simple response. You might considering looking at some of the books on Family Law at the quality bookshops, or first view them in the State Library. Be mindful that the cheaper books do not embrace what you will need to know. Maree Livermore has a reasonable book titled "The Family Law Handbook" by Redfern Legal Centre Publishing. This is around $60, anything less than this will quickly be set aside, especially in your somewhat complex matter. Property cases are dealt with under section 79 of the Family Law Act of Australia 1975 which is found @ http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s79.html. Section 79(4)(e) becomes Section 75(2) found @ http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s75.html , this addresses "Matters to be taken into consideration in relation to spousal maintenance" Your information is somewhat sparse. The actual time of cohabitation affects the consideration as to what extent the initial gift of funds for the house for instance is merged with the common asset pool. The assertions of his father in respect of equity may not be valid. Gifts and inheritances are contributions which are factored in on a tapering basis as years pass. After 27 years say, judgements suggest that they are considered as being intermingled. After 10 years they are to an extent blended. Take special notice of Section 75(2)(o) "any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account;". This is the part which allows inappropriate behaviour to be given a weight that under the facts you have presented might favour you. The part includes violence, gambling and acts causing diminution of the assets, perhaps in respect of the business that he caused to fail. Most importantly gather your information and keep a diary of events and any documents which relate to the period of cohabitation. The grandfather is likely to cause himself financial problems if he asserts untenable propositions. If possible the best resolution is negotiations. Getting all involved in how the Courts interpret Family Law is a challenge. The courts interpretations are not commonly known until one encounters them. Consider attending a solicitor. The sometimes give free initial consultations. Sign up only if you feel it absolutely beyond you. Many self represent throughout, but at all times be ready to negotiate. First establish what a reasonable outcome is and base your actions on that foundation. Be mindful that Family Law is a specialised area and that a good solicitor can cost around $350 to $450 per hour. The lesser effective are unable to approach the matter with the necessary understanding. "Getting him out" whilst maintaing a functional relationshipwhich permits you both to act in the best interests of the children is a paramount consideration. Should you act in anyway that reflects poorly on you parenting capacities whilst finalising the property component of your relationship this can be detrimental in regard of orders in respect of your children. There is a link between property and parenting that until the property is resolved has an intra-dependence. Maintaing a relationship between the grandparents of both sides can contribute to a resolution that all will appreciate in the future when the children choose whom to have in their company at 21sts, weddings, and more importantly in their lives. This can contribute to the property as each grandparent would like to feel their grandchild has a secure place to evolve and become their friend. It may be an ingredient that melds the mix. If you retain a presence in the property for genuine purposes, then the court, if possible, can mould the orders around the need of housing for the children. The last place you want to be found arguing is in a Family Court! Once the court become involved in determining the outcome, the parties to an extent become passengers on the way to where unemotive rational thought would have found you a long time back. There is a new type of resolution called "collateral law" that has the advantage of excluding solicitors whom contribute acrimony into relationships, take a significant portion of the common pool and leave collateral damage in their wake. Its worth a look? See and listen @ http://www.abc.net.au/rn/lawreport/stories/2009/2764559.htm "Rather than commence proceedings in the Family Court, some lawyers are encouraging clients to sit down with their ex-spouse and say "let's resolve our differences without litigation". And if the talks fall over, their lawyers have to walk away and hand the client on to another legal eagle." So as I began and continue to feel your matter has elements that require you to tread carefully and not agitate that which need not be disturbed. Hope it passes in an unacrimonious way.
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
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Posted 07 February, 2010, 08:54 AM
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Platinium Member
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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. For total privacy join SRL-R at www.srl-resources.org for in-depth, reliable and confidential family law support. 66 family law forums. All members are verified. No search engines, no public forums, no visitors, no guests, no ex's.
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