Property Settlement - Submit Draft Response for Initial Directions hearing this Thursday?

[Deactivated] on 18/05/2020 - 17:39

Just went through a divorce.

This Thursday, I have a Initial directions hearing for property settlement initiated by my ex-wife. It has been 2 years since we separated. My ex-wife is seeking Final Orders in her initiating application. I am required to file and send Response documents to Registrar and other party before 10am Tuesday. FYI I do not have a legal background but have based mine off my ex-wife's served documents.

Since documents were served only 7 days ago (with 5 previous attempts to do so), and my legal aid appeal is pending outcome, i am asking for an adjournment at the hearing. Both the judge and the ex-wife's lawyer have been notified of this via email.

Is it a better idea to file and send draft documents to the registrar and other party with a note (e.g. draft and awaiting Legal Aid) OR submit nothing?

I am thinking if i file drafts, it shows i have attempted to rectify the matter and give the Registrar my perspective on this matter. However, it might give the other party's legal firm leverage especially if i get Legal Aid and they advise me that some things should have been left unsaid. However, if I submit nothing, is might be more likely i will get the adjournment? or will i be at more risk of my ex-wife's perspective overshadowing mine? Please share what you would do and your own experiences in court.

PLEASE HELP - I have been drafting docs with my family till 6am in the mornings

Financial

Comments

  • [Deactivated] on 18/05/2020 - 18:12
    +4

    Probably best to pay a legal professional in this instance..

    • [Deactivated] on 18/05/2020 - 18:14

      sadly no money esp Covid 19 unemployed as well. Waiting for legal aid as I applied in March 2020, got rejected and submitted review in April 2020. Due to lots of stress, did not receive previous attempts to serve doc.

      • [Deactivated] on 18/05/2020 - 18:29
        +4

        Dress smartly tomorrow and good luck..

      • bobbified on 18/05/2020 - 22:10

        sadly no money esp Covid 19 unemployed as well.

        It's a risk you'll probably need to weigh up -

        Save a few thousand dollars on legal fees now and take the chance that you could lose a lot more in the settlement due to not having proper legal advice or representation

        or

        Get legal advice/representation and potentially retain a lot more in your property than you spend on the fees.

        Disclaimer: There's no guarantees though! You could end up spending the money on fees and still lose a lot.

  • klendestined on 18/05/2020 - 18:45
    +1

    IANAL:

    If my ex's issues with her ex-fiance were anything to go by if you don't do or submit anything they have little to no recourse. He was constantly missing deadlines and had apparently no repercussions. Mind you, if you think she'd actually take you to court over the asset pool then I hear the judges look unfavorably upon it. Also, this is just third hand information so may be completely wrong. Good luck

    • [Deactivated] on 18/05/2020 - 19:00

      Great to hear, I really hope not to delay this matter any further but definitely need the extra help from Legal Aid. The ex wife has an aggressive lawyer, one of the finals order brought forward include default position if documents or instruments are not signed within 7 days (not sure how legitimate that is!) The Affidavit includes 5 previous attempts to serve me but thats in a relatively short period of time, 3 weeks. I was buying time and was super stressed covid no work xyz.

  • tsunamisurfer on 18/05/2020 - 19:10
    +1

    You are pondering this when the deadline is tomorrow 10am?

    When your property is on the line what were you doing the last 6 days???

    • [Deactivated] on 18/05/2020 - 19:12
      +1

      i have drafted 5 of the 6 documents. They are ready to be submitted but i am no legal expert so i am constantly reviewing with family. I do not want to regret my decision especially in the chance a Legal Aid lawyer takes over my case and tells me .. i should not have said X Y Z

  • elgrande on 18/05/2020 - 19:33
    +3

    My personal opinion:

    • Focus on the adjournment application
    • make sure you are clear as to your reasons why you need to adjourn
    • highlight you are awaiting on legal aid review
    • they will argue reasons why it should not be adjourned.. i.e. significant delay, so make sure your reasons and argument is solid.

    Good luck, keep your chin up.

    • [Deactivated] on 18/05/2020 - 19:40
      +1

      Thank you - i really appreciate it. Would you personally submit or file any draft documents without legal advice?

      • crashloaded on 19/05/2020 - 09:14

        I think sometimes this can help, it depends on the judge. Some judges are lenient and show empathy for layman documents. Other judges may be annoyed that you are not educated in the law and shouldn't be self represented.

        I've experienced both.

  • brendanm on 18/05/2020 - 19:56

    Why would this drag out for 2 years. Just get it over and done with.

    • Randxyz123 on 18/05/2020 - 21:36

      In Australia you have to be separated for a year to file for divorce. Courts are also busy and have probably been extra busy due to covid.

      IANAL, are you on ok terms with her? Can you settle this out of court?

  • MS Paint on 18/05/2020 - 20:19

    Just let her have what she wants. She will likely get it anyway especially if kids are involved. Just agree, smile and wave. A good percentage of her winnings is going to her wizz bang lawyer anyway.

    Move on.

    Start fresh.

    • Kangal on 18/05/2020 - 20:29
      +2

      Sounds like an unfair and broken system

  • Rumbaar on 18/05/2020 - 21:06
    +1

    Do not take any legal advice from OzBargain forum.

    But the fact it took 5 previous attempts to serve you with documents, it seems you've been trying to delay this as long as possible.

    • Sawtell on 18/05/2020 - 22:23

      The court date hasnt changed despite the lack of service.

      Legal aid appeal will get an adjournment. Dont provide any response except to turn up and say "i only saw these documents for the first time a week ago and i have a legal aid Appeal pending. I would like an adjournment. "

  • HeWhoKnows on 19/05/2020 - 08:20

    If OP cant afford professional legal service there wont be much to discuss in the property settlement either.

    Usually there are forms to complete OP listing all your assets and liabilities (debts) you owned during your marriage mate.

    Im sure for you that wont take long.

    No need to list everything. Just summarise
    And dont forget to use second hand values since that is what everything is.

    Good luck

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