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Brisbane.Lawyer
Brisbane.Lawyer, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
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I honestly don't know where to start, my wife and I separated

Customer Question

I honestly don't know where to start, my wife and I separated 3 months ago, we had multiple assets and businesses together, we split the assets 50/50, when it came to the businesses she said she wouldn't touch my superannuation if I signed them over to her, our accountant at the time had minutes of a meeting that never happened drawn up and signed by her and sent to ASIC, they removed myself as a company director without my knowledge, we were also in the process of starting another business and a contract had been tabled with both our names on it, she had the contract amended and my name removed and signed before I knew what was happening, I had around 140k in superannuation, I guess what I'm asking is if I do pursue any type of legal avenues in regards ***** ***** business do I stand to lose out in the end, we also have 2 children, I have had to move out and buy new stuff.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane.Lawyer replied 1 year ago.
Hi, can you please advise whether any lawyer's or the Court were involved in finalising your property settlement? This is very important! as from what you have described, it would appear as if you simply agreed between yourselves.. is that correct? I await your response, kind regards, James
Expert:  Brisbane.Lawyer replied 1 year ago.
Please also advise whether you have reached any agreement regarding the custody/parenting plan for the children? and whether you have attempted mediation with regard to the children?
Customer: replied 1 year ago.
No legal property settlement, just between ourselves, no mediation entered into with regards ***** ***** children.
Expert:  Brisbane.Lawyer replied 1 year ago.
OK, then to be clear... you have excellent prospects to rectify the situation. According to the law... you have not yet reached a binding property settlement. You can commence proceeding in the Court seeking property settlement orders... I suggest you contact your ex and let her know that is what you intend to do.. unless you can both agree upon a "binding" financial agreement. To be binding, you MUST both obtain a certificate of independent legal advice from your own lawyers, before you sign the BFA.. otherwise any agreement is not worth the paper it is written on.... If you both cannot agree outside of Court, then proceed to lodge your property settlement application. You have up to 1 year after your divorce is finalised to lodge your property settlement application (as of right).. without the need to explain the delay, and ask for the permission of the Court... in my opinion the sooner the better.. Please read the following prescribed Court brochure... http://www.federalcircuitcourt.gov.au/wps/wcm/connect/7db1162a-8de7-44f0-8b2c-0fc65b953d3f/BRPREFIN_010309+V3a.pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=7db1162a-8de7-44f0-8b2c-0fc65b953d3f With regard to the children... if you both cannot agree, you must attempt mediation with a Court accredited mediator before you apply to the Court. You can find Family Dispute Resolution Practitioners here: http://www.fdrr.ag.gov.au/Search.aspx Kind regards, James

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