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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38843
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have been separated from my husband for 3.5 years. We divided

Customer Question

I have been separated from my husband for 3.5 years. We divided up our assets about 2 years ago. My ex has requested that we do a legal financial separation now as we have both purchased our own properties. My question is do i have to provide him ( he is handling it himself) with my current financial status given that it has no bearing on what we decided previously. I have nothing to hide but would prefer that he not know my private details. Can we draw up a letter stating that we are happy with our division and have no further claim to each others property?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

Without the agreement or consent orders from the court, either of you can come back and try to get more.

If the division is only that you each keep what you have, I would suggest it is done as it gives you and him protection in the future.

Splitting assets between you does not mean he cannot come back later.

Does that make sense?

Customer: replied 1 year ago.

Thankyou i understand but want to know how we can finalise things without me giving him my financial status now. I do not believe hat he wants to change how we did our division as it was pretty much 50/50 . Do i need to get a lawyer to do it instead of us doing it online

Expert:  Leon replied 1 year ago.
Good Afternoon

That is not possible. In any settlement, whether it is by consent or by Binding Financial Agreement has to have a full disclosure of all assets and liabilities.

If it does not then it can be set aside by the court.

If you do it by consent orders you do not need a Solicitor.

If you enter a Binding Financial Agreement then you will each need your own Solicitor.

The following links have the application form and the Orders

http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Forms/Do-it-yourself+kits/FCOA_form_diy_App_Consent_Orders

http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Forms/Do-it-yourself+kits/FCOA_form_diy_Consent_Orders_Supp

You cannot do it online.

You each have to complete and sign the Application and the orders.

Is there anything else I can assist you with?

Customer: replied 1 year ago.

Thank you very much you have answered my question.

Expert:  Leon replied 1 year ago.
Good Afternoon

You are very welcome.

If I can assist in the future please do not hesitate to contact me.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

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