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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My husband has filed an Initiating Order which I was served

Customer Question

My husband has filed an Initiating Order which I was served with on Monday. This was accompanied by a 60 page affidavit for proper settlement. The Hearing date is 2nd December which doesn't give me enough time to find a lawyer and prepare my response.
He has filed the application in 200km from where I now live so I have to arrange child care to attend. Can I have the hearing date changed and can I have the court location changed?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

It will not go to an hearing initially.

The first date is to see what the parties want.

Is he seeking interim orders or just final orders?

Customer: replied 1 year ago.
He has requested interim and final orders
Expert:  Leon replied 1 year ago.

Good Morning

Concentrate on the interim orders.

Are they for property or children?

Customer: replied 1 year ago.
It's just property.
Expert:  Leon replied 1 year ago.

Good Afternoon

Look at the orders and if you are not happy with them you have to object.

Does he want to sell the house?

Customer: replied 1 year ago.
He says I spent too much money during our marriage and that his parents contributed significantly. He says he didn't know how much I had withdrawn from the mortgage . (Even though some if the withdrawals were to pay off his car loan, credit cards and home improvements). He has asked that he gets both houses and only part of the mortgage. He doesn't want to share his superannuation.
Expert:  Leon replied 1 year ago.

Good Afternoon

You have to go through and set out what you contributed. If he says you spent too much it is up to him to show that.

You can also start looking at what you spent money on and whos money it was.

He may not want to share but the court may have other ideas when they see the history

I hope this makes sense?