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how long does it take?
hi i was just wondering how long it can take to finalise a separation for a defacto couple... if it is worst case scenario and goes to the courts to decide who gets what, would i be looking at months, or years?
can anyone tell me about their experiences with how long it took, and how they went about it, ie did you have a mediator, did you decide it yourselves and put something in writing etc etc? Did his family stick their nose in? Did it get ugly?
I've got no idea when I can expect to be able to get on with my life and until I know where I stand I feel like i'm in limbo.
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DP went through a property settlement with his ex in about 6 - 8 weeks. In DP's experience he gave the ex everything other than the clothes off of his back and 50% of the Super he accumulated while they were together (and he got 50% of hers which wasn't much lol, as she rarely worked)...
I guess what holds the process up is if there will be any argument over certain items - then theres a lot of too and fro-ing between lawyers. He was lucky he didn't want any particular items from the house - as he'd already taken those, and she didn't mind.
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go to the federal court site and search consent order - it has both financial and child arrangements.
Once you both get your bits done on the order (and go to a solicitor to read through it) you can lodge it with the federal court.
Divvy should be able to give you a bit more info.
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Defacto (or domestic) partnerships are state-based. If you were married, you are under the federal legislation. You need to tell me what state you're in.
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Okay, you're under the Property Law Act Part IX... "domestic relationships" property division. The law changed as of 1 December 2008 so you are going to be a little better off if you are the SAHM. Otherwise it's all about contributions which is far more difficult to prove.
Anyway, if you want to PM me your suburb I can send you a list of a few solicitors who are worth talking to...
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Hey Divvy - I left my ex 12 months ago - we were not married, but defacto for nine years and two children.
We had no property together and his super is less that mine. We agreed on the child care arrangements.
I just left - I don't have to do anything, do I ? I'm in Victoria.