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.
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.
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.
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...
how long does it take?
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