I'm having a crack at this for the Relationship Property side of my settlement with DEX.
I did have legal aid granted at the beginning but lost it due to DEX's actions where he reduced the equity in the house and it had to be sold as we were threatened with mortgagee sale... long story but I still have an axe to grind so I'm going it alone.

So I figured there will eventually be others in this position so I'll record links, resources used and what I've done here.

The most important thing I've been referring to is Relationship Property Legislation This give you all the details albeit a but legal jargon'ed but its a good start.

The first thing I have had to do on my own was to try and get an order preventing the sale of assets, DEX was trying to sell our boat, it was relationship property and listed as such in affidavits.

I sought the advice of a lawyer from Citizens Advice Bureau (CAB) and they advised me to file and Urgent and Without Notice Application for an Order preventing sale of relationship property. I did and it was accepted, even though the format wasn't quite right but the judge was able to see I was representing myself and had provided evidence that DEX was intending to sell (A Trade Me classified advert) and I got the order. Unfortunately it was too late it seemed. DEX told the Bailiff who served him with the order that he had already sold it. But it means that its noted that his actions go against those recommended by the family court, he will have to prove he sold the boat for a price similar to what was listed at (5k more than the valuation he provided) and the new boat he purchased now becomes relationship property.

I have a 10 mins or so meeting with the judge from the family court on the 9th August to put my case to see if a hearing can be granted. This is the 2nd to final step I think before the judge makes a decision as we can't agree on a settlement.

Just want to say

CLEM

Hope it went well for you today Clem.

It did go well, I got a Memorandim of Issues (A list of things I wanted to discuss) filed in time and have been granted a hearing, date still to be specified but I have 21 days to put in a new updating affidavit and submit evidence. Basically the Affidavit is a list of what I believe is the issue to be sorted and evidence supporting my argument. Its given to each party before the case and you use it to prepare your argument, once I get his I can see exactly where DEX stands and why he thinks he is legally entitled to his stand- and he can see my view and why.

The child custody issue has now been sorted with me pretty much getting everything i wanted, its just taken a year for DEX to agree.

Thats great CLEM.
Look like the End is Nigh!

Oh that's awesome!!

Well I have my updating affidavit prepared but I am wondering something before it is filed tomorrow.
Tomorrow is the last day for filing, so if DEX doesn't have his filed do i have to give my copy to him? - I don't want him to go looking for counter evidence so he can file it later if I can't.

I'm hoping that if he doesn't file in time it counts against him but he has done that before, before out Relationship Property Mediation Conference he filed late or to be more accurate his lawyer filed this mouthful.. Affidavit of Resopndent DEX in Support of Interlocutory Application For Order Extending Time For Filing Affidavit... which listed all the reasons why he hadn't filed on time which included.(I'm paraphrasing)
* My lawyer was on holiday
* I didn't know I had to do anything
* I don't know what I want to do
* Its not fair that she has stuff filed and I don't as its all going to be one sided.

So I'm hoping they won't let him use those excuses again.

I don't think he is aware of what he had to do, he was all alone in court as he no longer has a lawyer and he never wrote anything down.
I don't think he filed his Memorandum of Issues as the Judge asked for a 2 page one and he referred to his last 50 odd page Affidavit when asked exactly what the issues were.

Sadly the court hears everyone fairly, even if they are idiots, so while the judge will be pissed of with him for not complying they will listen to his side regardless.

I should find out soon after when the actual Hearing is, I'm disappointed to not know yet actually.

Can you call the local community law center and ask them?
Do you even have to give him a copy? i wouldn't if i dont have too!

Yeah you do need to give him a copy but this just means putting a copy in the post to him (or his lawyer if he has one). Good on you for doing the memorandum of issues as it is important to help set the time frame for the hearing. Generally extensions for filing are granted unless late filing is going to adversely affect the other side. If you need any help feel free to PM me, I'm not great on the property relationship act but do know my way around the court system.

Ok, so i got mine filed today, But DEX hasn't filed yet.
I just sent him a text to let him know I am expecting a copy of his and is it ok to send his copy of mine up with the children next time they go there. He said Ok so he has to wait another week and a half to get his copy of mine.

I'm just a bit pissed off as he will read mine and create his around it most likely. Which is not how its supposed to be done.
Then he will come up with some "I didn't know i had to do anything" excuse and file late... I have a crystal ball when it comes to him just like I did when I said it was too much risk for me to wait to be paid out for the house... risk he might wreck the place and walk away... and by the time the court process slowly ticked around... thats exactly what he did.


I asked at the court today and there hasn't been a hearing date set yet.

.

I have a date for the hearing, and its sooner than I expected

15th November!

I have to send the court a list of witness's

I am wanting to ask my parents to be witness's, they were living next door to DEX when he renovated the house and did as he wanted, they saw 1st had the mess its was before I left and after.
But I don't know how credible my parents will be as witness's even though they have done their best to remain neutral it won't be good for their relationship with DEX if they are my witness.

I also want to call my former lawyer, she was the one who was there when DEX and his lawyer said it was just a matter of finance and all sorted, a year before he walked away. She was also the one who I spoke to about his use of the mortgage and she reassured me it was all his responsibility.

I kind of want to call his former lawyer too but I think that could be going too far.

would the lawyer do it?
I would get your parents, but i think that could be seen as one sided (as in everyone thinks that parents would stand by their child no matter what)

I think if she doesn't want to she may have to as I could have her summoned

seems a bit mean, but maybe not a bad idea! she's the one who helped guide you to protect yourself after the separation, getting valuations etc etc

I'm finding it amazing how fast expenses are occuring, just ordered some bank statements, I had been viewing them online and then once the account was closed I lost everything, bank wants $4 each for them and I need 25!
I've had to buy printer ink, more paper, files to submit stuff in... Its all adding up.

I sure hope I get awarded costs...


But there is very little chance of me actually getting anything now. I got a letter from IRD and DEX now has 0 income so pays no child support. WTF I thought they still had to pay the minimum! He is living off his new partners income. OS I'm paying child support to him and he pays nothing he has one child, I have two!

Yeah I was told just the other day, even if you had no income at all, not even dole or DPB you still have to pay $70.65 a month.

I think what has happened is that he has paid based on his income expected for the year (I thought it was based on last years income though) and now he has quit his job his income has dropped significantly and he will have over paid for the year.

Yeah it should be on last years unless he does a review to get it changed and the other party must be told of a review so they can argue their side.

I've been emailed the statements and they are absolute gold!

When I have a letter from DEX's Lawyer saying he is taking responsibility for the Revolving Mortgage he has already used up 20k and then in the next month its all used up and then it stays at or over its limit for the next 15 months.

So he had it at its limit for a year before he did an about face and decided to walk away.

that SHOULD work in your favour (i hope) But then again i would have thought the financial picture you had taken when you left would have worked too

I feel really confident that the facts, bank statements, online chat records, letters from lawyers etc all stack up to prove he acted without my consent and in his own interest.

But whether that is enough to get a court to order him to pay me is a different story and then if he will actually pay me its different again.

I hope it works in your favour, But i don't think you will ever see a cent of it, Will you be happy with just being right if they do?

Maybe get your parents off your back a bit too!

Well I should see a cent, there is money held in trust that we should get 50/50 once its all worked out, but if he owes me then I should get the lot.

I hope that works out for you I forgot about that trust bit!

Well I loved the statements so much I did an updating affidavit to get them before the court as evidence.
Using them I can cross examine DEX on his spending.

I have also filed a two page Memorandum of Issues as per court directions.

Worst case scenario, DEX is making no claim against me, but rather that the money held in trust should be used to pay (Joint but I'm arguing his) debt. So if all my case fails I have nothing to lose.

Best case scenario I get about 30k but it will be owed to me from DEX as I know he doesn't have it to pay me.

Interestingly, DEX is now accusing me of fabricating evidence, emails and SKYPE chat conversations.

I wonder if I am able to bring a computer into court so a judge can see them online and see they are not tampered with?