Perth-WRX.com  

Go Back   Perth-WRX.com > Off Topic Discussions > Non-WRX Discussion
Register Diddy Kart ArticlesAll AlbumsBlogs FAQ Community Calendar Today's Posts Search


Welcome to Perth-WRX, click here to register!

Like Tree5Likes

Reply
 
LinkBack Thread Tools Display Modes
  #1  
Old 19-03-2013, 08:28 PM
mARC's Avatar
Perth WRX Old Skool Cool Dude
Member
 
Join Date: Aug 2007
Location: In a House
Posts: 3,589
Thanks: 43
Thanked 30 Times in 28 Posts
mARC at standard level
Default Legal Minded - Property Settlement

Greetings all 'and cheers to Andrew in advance ',

My mother has said to my father ‘give me $500k I'm going to buy a house and go my own way’.

She’s happy with the above and has said that he can keep all other assets.

Now in a perfect world I would leave that be but it’s not. I have spoken to a family court lawyer and have received quotes in the vicinity of $7-10k 'which won’t include any court time', to put the necessary documentation in place in order to ensure what has been said stays legal.

‘My understanding is that there may be a need for two lawyers to be involved one for each side.’

Obviously this won’t be the easiest situation for my father to go through so I’m trying to ‘in the very least’, ease the burden of having to come up with the additional cash to fund this.

Questions:

• Is there any legal aid documentation that can be put in place to incept this;
• How easy would it be for a private practice lawyer to circumvent this documentation ‘if available, and yes I know this isn't really an answerable question it's more aimed towards those that have used legal aid documentation and have come unstuck'.

If a lawyer has to be used then so be it, I’m just trying to see if there are any alternatives.

I already have a lawyer in mind if this is the way it has to go.
__________________
[SIGPIC][/SIGPIC]

Last edited by mARC; 19-03-2013 at 09:48 PM.
Reply With Quote
  #2  
Old 20-03-2013, 09:24 AM
nauli's Avatar
Perth WRX Old Skool Cool Dude
Member
 
Join Date: Jul 2005
Location: Perth
Posts: 3,820
Thanks: 2
Thanked 66 Times in 61 Posts
nauli knows their stuff
Default

They need to do an Application for Consent Orders (Form 11)...can be done without a lawyer, but it is best to get a lawyer to do the final check...if both parties agree then lawyer costs should be minimal....certainly not $7-10 K.
The order is filed with the Family court and if straight forward they will issue final consent orders...
mARC and GTB Liberty like this.
__________________
No Subarus currently owned
Reply With Quote
  #3  
Old 20-03-2013, 10:05 AM
mARC's Avatar
Perth WRX Old Skool Cool Dude
Member
 
Join Date: Aug 2007
Location: In a House
Posts: 3,589
Thanks: 43
Thanked 30 Times in 28 Posts
mARC at standard level
Default

Cheers, I found it rather interesting that quotes were given at that level considering all parties had agreed on the terms.

Will do some further reading up on your points.
__________________
[SIGPIC][/SIGPIC]
Reply With Quote
  #4  
Old 20-03-2013, 10:19 AM
scary's Avatar
STI Master
Member
 
Join Date: Jul 2005
Location: Burswood
Posts: 855
Thanks: 11
Thanked 45 Times in 32 Posts
scary knows their stuff
Default

my 2c

I went through exactly this with my parents.

Dad even went out and bought the house for her within a week to try and keep her happy.

I got in the middle despite saying I wanted nothing to do with it

I suggest you keep the hell out of it in every way shape or form. They are adults and can work it out for themselves.

For me it ended up as the following;

Fathers attempted suicide and me being the one to find him after not hearing from him in 4 days
Mother and sister making completely unfounded accusations about my father
No contact with my sister for 3 years (only good thing IMO from whole situation)
No contact with my mother for 2.5 years and now only just email
My mother making threats and physically abusing my wife
My kids have not seen their grandmother for 3 years
Strain on my marriage
Me being the only one around to try and bring my father back form the brink.

Despite them being adults of 60+ they will all act like children and drag everyone through the shit.

Prior to this I would have considered my family to be somewhat normal with just the usual shit. Not the greatest but never did I expect the shit that went down.

Stay respectfully out of it
tuna and magic1 like this.
__________________
RS RA
The more people I meet the more I like my Dog!

12.463 1/4 mile, not bad for an old school Liberty [DECEASED]

MY08 Liberty Tuned by STi
Reply With Quote
  #5  
Old 20-03-2013, 10:21 AM
scary's Avatar
STI Master
Member
 
Join Date: Jul 2005
Location: Burswood
Posts: 855
Thanks: 11
Thanked 45 Times in 32 Posts
scary knows their stuff
Default

Quote:
Originally Posted by nauli View Post
They need to do an Application for Consent Orders (Form 11)...can be done without a lawyer, but it is best to get a lawyer to do the final check...if both parties agree then lawyer costs should be minimal....certainly not $7-10 K.
The order is filed with the Family court and if straight forward they will issue final consent orders...

this is what eventually happened.
__________________
RS RA
The more people I meet the more I like my Dog!

12.463 1/4 mile, not bad for an old school Liberty [DECEASED]

MY08 Liberty Tuned by STi
Reply With Quote
  #6  
Old 20-03-2013, 10:50 AM
scary's Avatar
STI Master
Member
 
Join Date: Jul 2005
Location: Burswood
Posts: 855
Thanks: 11
Thanked 45 Times in 32 Posts
scary knows their stuff
Default

Not that I am suggesting that your family will turn out to be bat shit crazy like mine but just take a back seat for your own possible sanity
magic1 likes this.
__________________
RS RA
The more people I meet the more I like my Dog!

12.463 1/4 mile, not bad for an old school Liberty [DECEASED]

MY08 Liberty Tuned by STi
Reply With Quote
The Following User Says Thank You to scary For This Useful Post:
Master D (20-03-2013)
  #7  
Old 20-03-2013, 10:56 AM
GTB Liberty's Avatar
Perth WRX Old Skool Cool Dude
Member
 
Join Date: Jun 2009
Location: Mexico - sur del río en capa libre
Posts: 3,856
Thanks: 204
Thanked 140 Times in 92 Posts
GTB Liberty is a guruGTB Liberty is a guru
Default

Unfortunately, I would have to agree with Scary having seen versions of the above.

Marc, you and I have discussed this in the past.If this is the path they wish to follow, my suggestion is that the consent orders allocate the funds to your Mother. From there she can do what she wishes with the funds. It also protects your Father from future recourse in the courts (which I have seen occur).

Further, when the consent orders go to the lawyers there is always the possibility that their influence may cause issues.

I wish you the best.
__________________
[COLOR=Black]Liberty GT Spec B tuned 240 HP & 372 Nm at the hubs.[/COLOR] "Instead of banning high performance cars - ban low performance drivers"

Last edited by GTB Liberty; 20-03-2013 at 11:00 AM.
Reply With Quote
  #8  
Old 20-03-2013, 11:49 AM
mARC's Avatar
Perth WRX Old Skool Cool Dude
Member
 
Join Date: Aug 2007
Location: In a House
Posts: 3,589
Thanks: 43
Thanked 30 Times in 28 Posts
mARC at standard level
Default

Cheers for the all the information and heads up guys much appreciated.

I'm getting the feeling that I'm going to have to at least review and explain the documentation they have to sign, keep copies and possibly re-explain in the future (hoping this is all I have to do).

Andrew I think we discussed a situation regarding the purchase of property/business without a formal agreement in place (something that didn't eventuate thankfully).
__________________
[SIGPIC][/SIGPIC]

Last edited by mARC; 20-03-2013 at 11:53 AM.
Reply With Quote
  #9  
Old 20-03-2013, 01:14 PM
GTB Liberty's Avatar
Perth WRX Old Skool Cool Dude
Member
 
Join Date: Jun 2009
Location: Mexico - sur del río en capa libre
Posts: 3,856
Thanks: 204
Thanked 140 Times in 92 Posts
GTB Liberty is a guruGTB Liberty is a guru
Default

Quote:
Originally Posted by mARC View Post
Cheers for the all the information and heads up guys much appreciated.

I'm getting the feeling that I'm going to have to at least review and explain the documentation they have to sign, keep copies and possibly re-explain in the future (hoping this is all I have to do).

Andrew I think we discussed a situation regarding the purchase of property/business without a formal agreement in place (something that didn't eventuate thankfully).
Sorry Marc, you are correct, I stand corrected. My comments above stand.

If your looking for a non adversarial type legal well versed in consent orders ... Paynes Solicitors (Anne Payne) 9221 1771.
__________________
[COLOR=Black]Liberty GT Spec B tuned 240 HP & 372 Nm at the hubs.[/COLOR] "Instead of banning high performance cars - ban low performance drivers"
Reply With Quote
  #10  
Old 20-03-2013, 02:24 PM
mARC's Avatar
Perth WRX Old Skool Cool Dude
Member
 
Join Date: Aug 2007
Location: In a House
Posts: 3,589
Thanks: 43
Thanked 30 Times in 28 Posts
mARC at standard level
Default

You're input has been most valuable in both situations Andrew as well as Scary and Nauli in this.
__________________
[SIGPIC][/SIGPIC]
Reply With Quote
Reply

Tags
legal, minded, property, settlement


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Property Owners Please take a look Marti Non-WRX Discussion 17 05-08-2012 07:43 PM
Property owners please look. Help me out Marti Non-WRX Discussion 3 19-05-2012 06:13 PM
Property Valuation Smokey Non-WRX Discussion 10 15-05-2008 02:52 PM
Legal Advice impresser Non-WRX Discussion 4 16-02-2008 08:42 PM



Welcome to Perth-WRX, click here to register!

All times are GMT +8. The time now is 01:27 PM.


Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
Content Relevant URLs by vBSEO