Talk to a Family Law Lawyer for free. Call (07) 3832 5999
Did you know that you can phone 38325999 to have a free 15 minute or so chat with one of our lawyers at any time during business hours?
Usually we have a solicitor who can take your call right away, or if not, can all you back within the hour. Or you can email us on enquiries@journeyfamilylawyers.com.au for a free email response. This helps many people each week and we are happy to do this and give you the information that gives you some clarity about your legal position. Sometimes this is all people need in the early stages of their separation or divorce journey.
If you are ready for more detail, though, you can also have an hour long, confidential , no obligation consultation on property settlement and divorce, children’s custody issues, or any other Family Law matter with a Journey Family Lawyer for $275.00 GST inclusive. If you cannot get to one of our offices, in Strathpine, Brisbane City and North Lakes then why not have a phone conference for an hour. We do it a lot, and we even have clients from interstate and overseas that we never see. These days with email it is much easier to have long distance representation. We have helped many people this way.
You will generally leave one of these conferences with a clear idea of where you stand, and also a plan for the future. People often say they wish they had come to us sooner, as these things had been keeping them awake at night. To make an appointment or to phone to talk to a lawyer, call
07 38325999 (Brisbane)
07 32059000 (Strathpine)
07 34482199 (North Lakes)
Kind regards,
Lynette
Hi Bryan,
I am single mum of two boys. I been separated from my ex-husband since May 2012 and got divorced in June of 2014. Kids live with him full-time. We have a parenting order in place, which means I have my kids every second weekend plus during school holidays. He also had DVO in place prior to our separation. During our divorce, my ex didn’t want to settle our financial matters (we have a house under both of our names) because he refused to sell our home and refused to give pay me out since he didn’t have the money to give. 3 years later, he still refuses to sell our home nor pay me out. He owed me over $25,000 for my superannuation since at that time, our mortgage went on arrears over $10,000. I gave him some of my superannuation money to save the house at that time.
My question is, where do I stand in this situation? My ex believes that he owns the property solely and therefore he doesn’t need to pay me out because I left him in May 2012 and I have not paid the mortgage since then.
How can I get rid off my name on our mortgage? He threatens me that if I do something or seek legal assistance, our kids will hate me.
I just need to know what are my options or is there any chance for me to work this out?
Thank you.
ANNA
Dear Anna,
There is a time limit of 12 months from divorce to apply for property settlement. If you got divorced in June 2014 then you are more than 2 years out of time however we can apply for leave to bring an application out of time if necessary.
You need to act as soon as possible before any further time passes.
With real property, it doesn’t matter who pays the mortgage. If both of your names are on the title deed then you both own the property. If the mortgage is in both names then that needs to be sorted out and transferred to one or the other of you.
We normally suggest you see a lawyer for an initial consultation so we can take a detailed backgrounds from you and give you advice about your entitlements and options as there are a lot of factors which affect what your entitlement is. We can also discuss with you an out of time application for property settlement and give you some advice on that process.
Hi
I’ve read through most of the comments here and found the responses you have posted quite informative. I have 3 children aged 10, 9 & 5. We separated 15/9/15 after 12 years. Throughout the relationship I was the sole earner supporting the family as it grew and her endeavours to obtain a degree. She is a qualified hairdresser and also division 2 nurse. Since the birth of our first child she has been a stay at home mum and student which I fully supported. With the birth of our third child the cost of living became a strain and she refused to work. Alternative work working offshore came up providing a good source of income with a sacrifice of time at home with family and friends. I did this work with an escape strategy once she finished her degree I could back off and change path. Over the years of her study she changed her course twice from nursing to midwifery and now occupational therapy which will see her completed by 2018. A total of 12 years study. In 2013 my father passed away and I received an inheritance of $150000. By this time the writing was on the wall she showed no sign of interest in our relationship. In 2014 she indicated in an email that things would change and that she had feelings for another man. W engaged in relationship counselling to attempt to salvage the relationship. She had made up her mind and moved the vast majority of contents out in September ’15 along with $20000 from the offset while I was at work. She then attempted to allow access to the children 25% of the time which I challenged and managed to raise to 35%. The reality is over the past 12 months I have had the children 40% of the time which I am very grateful for. She will not contact them to update this amount of time share. In the 12 months leading up to the separation she began to work part time also earning cash money doing haircuts. After departing she began to take on more work and has now found a new partner. In the time that I was off shore she has helped herself to quite a lot of money that I had earned and spent it on herself.
Since this time her commentary about my role as a parent has changed for the worse in her view making false accusations about my capacity as a role model for the children.
I still reside in the property and maintain all payment as well as child support and all additional requirements for the children which I am happy to do.
Obviously its a very upsetting experience and I have had to back of on the amount of work that I am available for to cope with the situation. yet I find myself between a rock and a hard place. I want the best outcome for my kids.
I would like to know my rights as settlement is drawing closer.
Thanks for reading
R
Hi Rod,
For a relationship of 12 years length the court would use a 4 step process to determine what each of you should get which takes all of those factors into consideration in the process, for example the court takes into account financial and non-financial contributions. We can offer personalised advice on property settlement, it usually takes up to an hour to take you through the process so we offer an Initial Consultation to do that.
hi Bryan, this is on behalf of my partner.. he was married been divorced and has two children, he is currently between jobs. his ex wife wrote a parenting plan with her requests but no input from him.. for the last few months he has been unsuccessful in contacting her as she has changed her number. the child support agency has proven to be useless as they stated it’s not their problem he cant contact her to talk to his children or see them every second weekend like they agreed to originally. i would like to seek legal advice / representation for him at my expense as they are apart of my family as well. it’s not always the man who has done wrong, and its disgusting to see the behavior of SOME women who use the law to get what they want.. each case is different i know but this is wrong and he deserves that right to see his children on a regular basis.. help is much appreciated.
Hi,
If you can’t locate a parent to invite them to mediation, the best option is often to issue an application in court and at the first hearing ask for an order which will enable you to locate the other parent to serve them with court documents or for other orders about the children. We can certainly assist with that process, please do not hesitate to give one of our offices a call and we can outline the steps.