A member asked almost 9 years ago

Property settlement and child custody.

Hello. I have been separated since early 2013,
and divorced since mid 2015. It has been a long drawn out period of
settlement since a mediation in late 2013. My ex wife won't sign
paperwork to finalise settlement for care of our daughter, I have her
every second weekend because she has started school this year and I
think it's best for her to have most time with her mother. Property
settlement is overdue and my ex just won't sign any consent orders
and all I really want is her name off the deeds. 

She was never a
contributing partner to our financial circumstances, I think she is
delaying settlement to try and get more money as I reduce the mortgage. What can I do?

Kristy Howell
Principal Solicitor at CLB Lawyers

There are a few issues here:


1. Consent orders are one option / alternative to formal court proceedings and it is true the court likes the parties to try and come to agreement on family matters, however if it is clear no agreement will be reached you are entitled to make an initiating application to the Family / Federal Circuit court.


2. The Case Management process of the above application gives the parties as much chance as possible to try and agree on orders and if they are so made the court will order them on an interim or final basis.


3. If you intend on applying for children orders you must seek mandatory pre-action mediation in order to receive a Certificate called a S.60I certificate. Family matters involving children will not be heard in courts without this certificate. Family Relationships Australia should be able to assist you with this.


4. If you decide you don't need children's orders, but DO need property orders, I need to point out you can only lodge an application for property orders within 12-months of getting divorced.

In other words you only have until Mid-2016 to lodge an application for Property orders, If however, you are seeking children and property orders this 12-month limitation does not apply.




Suggested way forward

Consider whether to keep trying to negotiate or lodge an application for orders to be made by a court.
Remember S.60I requirements and 12-month time limits

Answered over 8 years ago   Legal disclaimer

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