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#1 AliBear

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Posted 18 September 2009 - 12:48 PM

I've just reached the halfway point till I can put in my application for divorce.... YAY can't wait !!!!

In my case we signed a prenup (financial agreement) before we got married which basically entiles him to majority of the assests, There are a few things that I have done to the house & have bought since we've been married (only approx $7000 - $10000 worth) I'm really not interested in any of it really & all I want is a divorce.

When the application gets put in & I'm not interested in even claiming 50% of what I'm entitled to do I even need to go to court? Is it as easy as I think doing it that way & walking away with nothing but my divorce. He seems like he's already preparing himself with lawyers & I really can't be bothered with it all. Do I need a lawyer if I'm not claiming any assest even if I'm entitled to them?
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I can't believe my big girl is in year 9 and my baby is in year 5!!! The fun begins with high school... OH NO

You're never promised tomorrow... so enjoy today & if you're lucky, you can enjoy tomorrow.

#2 MsGems

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Posted 18 September 2009 - 02:07 PM

I didn't bother to seek any legal advice when I was served my divorce papers.

We didn't have a pre-nup, and he owned the bigger assets anyway. Obviously being married meant I had some entitlement to his assets etc but I had no interest in that, I just wanted it over and done with.

So when I was served the papers, I just signed for them and left it at that. He went to court to get granted the divorce, and then shortly after I received a Certificate of Divorce in the mail.
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#3 AliBear

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Posted 18 September 2009 - 02:17 PM

Awesome !!!

So I don't even have to go to court? Who pays for the divorce fee though? Is it the person who files or does it get split?
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I can't believe my big girl is in year 9 and my baby is in year 5!!! The fun begins with high school... OH NO

You're never promised tomorrow... so enjoy today & if you're lucky, you can enjoy tomorrow.

#4 MsGems

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Posted 18 September 2009 - 02:22 PM

I didn't pay a cent, however my ex was the one who did the application etc.

I would think that if one party is filing for the divorce, they pay the cost, but if it's a joint application, split it. Then again, all is not fair when love turns to war is it? laugh.gif
(Sorry, I thought that was a bit clever tongue.gif But I am kinda sleepy)
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#5 AliBear

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Posted 18 September 2009 - 02:28 PM

No it's definately not fair.

It's definately a joint decision but from what I gather he's just as determined to get the divorce through as I am so since I'm walking away with nothing I guess leaving him with the bill won't hurt his pocket too much tongue.gif

But on the other hand he's the type of person who would figure this out & leave it just so I'd apply for it. He knows I want it done ASAP... I just want my divorce party secretly laugh.gif
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I can't believe my big girl is in year 9 and my baby is in year 5!!! The fun begins with high school... OH NO

You're never promised tomorrow... so enjoy today & if you're lucky, you can enjoy tomorrow.

#6 MsGems

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Posted 18 September 2009 - 02:31 PM

Eh, I'd just split it then smile.gif

laugh.gif Love it smile.gif
I'm going to have 'anti-anniversary' drinks next weekend ... Scary to think that if I was still married it'd be four years next week :s Especially since I'm only 25 :s
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#7 AliBear

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Posted 22 September 2009 - 04:05 PM

New update

I received a letter by registared post from him. It was a letter regarding the financial agreement & listing things that I still had at his house. It's says that if I want any of these things that I need to give him 28 days notice in writing to collect them. Does this mean he thinks I'm going to try & fight the prenup during the divorce do you think? If I give him the written 28 days notice to collect the things listed (which are things I didn't really pay for anyway) am I legally agreeing that this is all I will ever claim?

I'm thinking he's starting to worry, but little does he know I don't want anything laugh.gif Might make him sweat for a bit I think, but only cause he's been so horrible to me since the seperation laugh.gif
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I can't believe my big girl is in year 9 and my baby is in year 5!!! The fun begins with high school... OH NO

You're never promised tomorrow... so enjoy today & if you're lucky, you can enjoy tomorrow.

#8 MsGems

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Posted 22 September 2009 - 04:18 PM

Yeah, I think this is your chance to tell him exactly what you want from the settlement. Is it a letter written by him? Or by his solicitor? From what I can recall from my own divorce, you don't actually need to settle the financial side of things before a divorce is granted. For the financial side of things, you have up until one year after the divorce is granted to settle it.
(NB: We were married and divorced in NSW, so I'm not sure if the laws are different in different states unsure.gif)

I'd just reply with what you want and send it back. After making him stew a bit first wink.gif
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#9 AliBear

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Posted 22 September 2009 - 06:48 PM

Yeah it's a letter from him but looks like he's had advice or copied from a template as it's pretty official with Law Act quotes in it.

To tell you the truth I don't ant anything at all, but making him sweat might be the idea LOL
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<img border="0" src="http://img.weddingco...wbf8p7h6eg.png" alt="save the date" />

I can't believe my big girl is in year 9 and my baby is in year 5!!! The fun begins with high school... OH NO

You're never promised tomorrow... so enjoy today & if you're lucky, you can enjoy tomorrow.




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