Just wondering if anyone has had any experience with settlement of property and parenting plans outside of courts and mediation? My ex and I had started the process of mediation however after his individual appointment earlier in the week he is now trying to convince me that we don't need to settle via this method. My gut is telling me that we should so we get everything in writing and also so things don't get heated but just wanted to hear other people's opinions or experience with the matter to help me make a decision. Things so far have been peaceful between us and I really want to keep it that way but I don't want to make the wrong move either. Thanks in advance!!
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16-06-2012 19:02 #1
17-06-2012 19:37 #2
Just thought I might bump this as I'm seeing my ex tomorrow night and would love some advice before I do.
17-06-2012 19:45 #3
I am not a single parent. I am divorced and repartnered and hence went through settlement both financial and children (although back in family court now).
Do the mediation and try and come up with an agreement. BUT... instead of getting a parenting plan (which is not enforceable by the courts) get the agreement down as consent orders (which are enforceable by the courts). Within our first lot of consent orders there was the financial settlement as well.
Make sure you get some legal advice in regards to what you are entitled to in regards to both children and financial settlement.
17-06-2012 20:12 #4
Thanks so much for the advice!!! I just can't wait for this to be all settled and I don't want to do anything I'll regret later.
17-06-2012 20:16 #5Senior Member
- Join Date
- Oct 2007
Before you agree to anything make sure you get some legal advice.
You can get free advice and sometimes representation (often limited to negotiation and drafting documents) from your local community legal centre.
Consent Orders are the best way to go for both parenting orders and property settlements as they are enforceable. Consent Orders have the added benefit for reducing stamp duty to a nominal payment when property is transferred to one party as a part of a property settlement.
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