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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1751
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Me and my ex are going through mediation however I don't

Customer Question

Hi, me and my ex are going through mediation however I don't think he's taking the process seriously at all. He's now said he won't book another session for 3 months! Can I pull the plug and go straight to court with this? And if I do what are the repercussions and the likely costs compared to mediation? Our finances are simple, house, pension, small amount of savings. We also have a son of 16 months
Submitted: 13 days ago.
Category: Family Law
Expert:  Harris replied 13 days ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are/were you married to each other?

-What are the financial issues, and who remains in the former family home?

-What are the arrangements for your son to be with either of you?

Customer: replied 13 days ago.
we are still married.I live in the FMH. I work part time and have a business and can afford the mortgage in principle but not on paper. His wage is 34000 and he has a pension. I have a small pension which I stopped paying into 1600 and a pension I pay into not of 2 years. House is worth 180000 with 142000 owing. We have a son of 17 months and agreed to stay with me
Expert:  Harris replied 13 days ago.

Thanks for confirming. As he appears not to want to proceed with mediation in a timely manner you can pursue a court application regarding the financial matter immediately, so long as a divorce petition has been issued, using Form A for financial relief once the divorce petition has been issued.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. For your information the criteria considered by the court in these matters is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 11 days ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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