Property Settlement Dispute
The client is the applicant in a property settlement case in the Family Law Court in a city in New South Wales and is facing an imminent undefended hearing due to a deadline for document submission. The client alleges that their ex-partner engaged in coercive control and financial and emotional abuse, misleading them into transferring property title under false pretenses. The ex-partner has failed to comply with court orders for full financial disclosure but claims compliance to the Registrar. The client possesses evidence of the ex-partner's deceit and questions the validity of the property title. Additionally, the ex-partner issued a subpoena without proper protocol, which the client complied with despite the procedural deficiencies.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my options if my ex-partner refuses to provide full financial disclosure as ordered by the court?
If your ex-partner refuses to provide full financial disclosure as ordered by the court, you may consider filing an application for a contravention order. This notifies the court of their non-compliance. The court may impose penalties or compel disclosure through further orders. Additionally, seek an order for costs against your ex-partner for their lack of cooperation. It might be wise to request an interim order for financial disclosure if the information is critical to your case. Engaging with a legal aid service or community legal centre could provide further assistance, potentially on a pro bono basis.
How can I ensure that the binding financial agreement promised is enforced or challenged?
To ensure the promised binding financial agreement is enforced or challenged, you should seek legal advice to assess its enforceability. A binding financial agreement may be challenged if it was made under duress or involved fraud. If the agreement was not executed according to the law, it might also be unenforceable. You may apply to the court to have the agreement set aside on these grounds. Consult a family law solicitor to review the agreement's terms and assess its validity, particularly given the circumstances of coercive control and financial abuse.
What steps can I take to prove the coercive control and financial abuse in court?
To prove coercive control and financial abuse in court, gather evidence such as detailed records of communication (emails, text messages) demonstrating coercive behaviour. Compile financial documents showing discrepancies or unexplained transactions indicating abuse or manipulation. Witness statements from family, friends, or professionals who can attest to the abusive behaviour will strengthen your case. Consider obtaining a psychologist's report if relevant. Present a timeline of events to demonstrate patterns of coercion or financial control.
What are the implications of the Registrar moving forward with an undefended hearing, and how can I prevent this?
If the Registrar proceeds with an undefended hearing, the court may make decisions regarding the property settlement without your input, likely resulting in an unfavourable outcome for you. To prevent this, you must submit the required documents by the looming deadline. Additionally, you could file an urgent application for an adjournment, citing your ex-partner's lack of financial disclosure and other relevant issues, to give you more time to prepare your case.
I've tried all that but court seems to be listening to his persuasive arguments and it's very stressful to battle. I'm also a full-time carer for my child with a serious illness. The legal processing is slow.
Consider applying for a priority assessment with legal aid, highlighting the urgency due to potential eviction and your role as a full-time carer. It may be beneficial to submit a formal letter to the Registrar outlining your challenges and request that the court considers an interim order to pause proceedings temporarily.
I've been calling many solicitors and organizations and the duty officer would only see me on the day of court and I'm told this is complex.
Given the complexity of your case, consider reaching out to community legal centres in your area, which often provide free advice and may have resources for pro bono legal representation. Organizations that focus on supporting individuals in family law matters can offer specialized assistance.
