My daughter has been in a terrible property settlement battle with her ex husband. The property pool is extremely small.

Expert's Assistant chat
Customer: My daughter has been in a terrible property settlement battle with her ex husband. The property pool is extremely small. Up to this point she has almost $20 000. She has no more money. But, her ex refused to settle ever on anything and is using bullying tactics by not providing any proof of his claims. They both had to submit an affidavit, in which brazenly lied. For example, they lived in our house in South Africa with us for a couple of years. The house had 6 full bathrooms. The area that they rented at $450 per month, included all meals, housekeeper, gardener, pool, furniture for two of the three bedrooms,and for the livingroom. The place they rented had 3 full bathrooms. Two with toilet, shower and basin and one with a toilet, bath and basin. In his affidavit he stated that: The part of the house where we lived had two bathrooms with a toilet, bath, basin and shower and the other bathroom had a toilet, shower and basin. In his affidavit he stated that the place had one bathroom that had to be shared by them and by us. As a Mother I cannot accept such lies and then he still gets away with giving nothing of his supernannuation, his savings, his business to her. There is not much, but it is just so unfair. She cannotpay her lawyer more - the lawyer suggested she must represent herself in court. As emotionally abused ex wife of an extreme narcissist she does not have the courage to do that. The example given , is just one of his many lies, but until he gets to court, nobody can or will proof his lies and bullying. I write out of sheer frustration for the unfairness of this all. He earns $98000pa and she $62000 pa. He gives $157 per child per month as maintenance. How can lies be accepted in the legal system and only the lawyers make money. Please just give me advice. We are pensioners and can't help her further since we lost our business in South Africa during Covid and now has to deal with our own debt. Is there someone somewhere who can fight such dishonesty?
JA: The Lawyer can help you determine if that's legal. Before I connect you, is there anything else you'd like the Lawyer to know?
Customer: No, just that we're broken people.
Answered by John Melis in 5 hours 2 years ago
imglogo
John Melis
10+ years of experience
logo

77516 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
John Melis
logo
logo
77516 Satisfied customers
logo
10+ years of experience
imglogo
John Melis
10+ years of experience
logo

77516 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

ZI note you have come to Australian law, are you wanting Australian law or South Africa law

Customer
Australian Law
img

John Melis, Expert

Okay I am in Australian law, and I'm in Australia. Can you narrow down your answer please to exactly what you want an answer upon

Customer
I answered via mobile phone. Both my daughter and her ex submitted their affidavits. Her ex committed severe and easily provable perjury. She does not have more money to proceed to court. Can anything been done. According to the lawyer he owes her $51 000, he is willing to give $12 000 into her super from his.
img

John Melis, Expert

Where your daughter is owed $51,000, your daughter can seek the assistance of the legal services Commissioner to get that $51,000 paid to her if the lawyer is with holding it unreasonably.

Does this help with your question today?

Customer
No, based on the lies in his affidavit, his lawyer refuses to make a higher offer. They use bullying techniques in constantly handing documents late, and then when extension needs to be asked at the registrar it costs more money. And every letter from the lawyer costs money. Just one example of the lies is: My daughter and her husband lived with us in South Africa from 2007 till 2013. During that time they paid $450 per month for an extension to the house with three bedrooms, three bathrooms, a living and dining room and a small kitchen. Our house had 4 full bathrooms. Thus 7 bathrooms on the property. IN his affidavit he states that they had to share one bathroom with us while they lived there. Why this is a concern, is that he states that my daughter didn't bring much into the marriage, because she only worked halfday to care for their two young kids. At the time of separation he had three watches as part of his online business. We have photos of the watches with a date to prove they were in the house at separation. It was a Breitling, Rolex and Tagheuer. Even though my daughter's lawyer has asked several questions about this, he refuses to answer them and still put a zero in the table where the watches are mentioned. We lost our house and business in South Africa because of the electricityand Covid problems. We just don't have the money to assist her. He is a definitive Narcissist who has emotionally abused her for years.
img

John Melis, Expert

If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the details on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.

Customer
I can talk now or during office hours tomorrow. thanks
img

John Melis, Expert

yes contract

Customer
I was not sure whether you meant I should call you. I tried now with no answer, but since it is after hours, I will call tomorrow morning again.
img

John Melis, Expert

Please call in 30 minutes

Customer
Thank you again John. For the first time an Australian lawyer made sense. I will remember to keep the parenting and property matters completely apart.
img

John Melis, Expert

You are welcome, and thank you for supporting the community.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer