My Ex just served me with separation and divorce proceedings with settlement I just need some advice on how to go about

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Customer: My Ex just served me with separation and divorce proceedings with settlement I just need some advice on how to go about this plus I am not working wants me to move cars whilst we are in stage 4
JA: What are the assets involved here? Are there any minor children?
Customer: no Children involved
JA: Where are you located? Divorce laws vary by state.
Customer: Werribee Victoria
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have the letters that her lawyer sent me on Friday via Email
Answered by John Melis in 1 hour 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John Melis, solicitor, and I am in Australia.

​Financial separation involves various aspects with alteration of property interests under section 79 of the Family Law Act 1975. The financial separation takes into account four facts:

[1] The process will consider the extent of the property of the parties and its value.

[2] The process will consider what contributions have been made by the parties, including direct and indirect contributions of a financial character and non-financial character, and contributions to the welfare of the family, including contributions as homemaker and parent.

[3] The process will consider the circumstances which relate to the present and future needs of the parties and their means, resources and earning capacity, actual and potential.

[4] The process will consider the effects of points 1 to 3 and resolve what order is just and equitable in all the circumstances of the particular case.

Alteration of property interests between separating couples is an emotional and stressful process and seeking help is essential.

The first step with financial separation is putting together a list of all the assets, and where you are not sure what they are you will need to do a little bit of investigative work to complete list.

Once you have the list ready, the next step is to either commence the process with the forms from the Federal Circuit Court’s website or with the assistance of a lawyer.

Financial separation on an amicable basis should take between 1 to 2 months.

The vital aspect of the financial separation process is documenting the division of the assets in a binding financial agreement or by consent orders, which can be stamped by the court, making absolute and final.

The following link will assist you in determining the division of the assets.

http://classic.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s79.html

You have a legal right to a proper division of the asset pool.

​I thank you for the question today!

I kindly request that you rate with five stars, as this helps me support the community.

You may come back to this post and ask questions without additional charge.

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Customer
Thank you John will write down as much as I can and forward
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John Melis, Expert

You are welcome and thank you for supporting the community.

Customer
John no children we have been married for over 25 years I have catered for both of us if you have an email can forward the letters and assets that have been drawn up by her solicitor in the beginning we agreed that we would do this amicably but she suddenly has a change by involving a lawyer
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John Melis, Expert

Just follow the steps above, and you can run your own case. Otherwise you can use a lawyer for the financial separation process.

Customer
Here is the information by the way she ended our marriage 2 weeks before Christmas 2019 not what is stated as 2014State/Territory: vic
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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 information on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.

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