How do you get someone to turn up at Court..

[willair]

To cut a long story short without too much clarity,,my Wife has been trying to help one of her mates,to complete a divorce-property settlement,the Lady left the gentleman about 9 years ago,due too the fact he told her after they were married he did not want children,plus his money was his and hers was hers,then the ******* became a wife basher,and heavy drinker,very sad story and my wifes mates has been too scared to divorce him up till now..

The legal person she has employed,who gave the papers to him at his inner city ppor,was chased down the street with a baseball bat..

The gentleman has not turned up for the last 2 court apperances,and the next one is in three weeks,all I have said to both of them it may be time too employ a Barrister who is skilled in this area,apart from that I don't know any other way,and this gentleman is cashed up,and did not come down in the last rainstorm..

 

[D.T.]

Report the domestic violence to police
Lawyer up on the divorce matter
If properly served, attendance is irrelevant

 

[Perp]

Is the difficulty with proving service? If so, see http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorce/Service+of+documents/


Once served, it's really no concerns of hers whether he turns up at Court or not.

 

[Macca]

To cut a long story short without too much clarity,,my Wife has been trying to help one of her mates,to complete a divorce-property settlement,the Lady left the gentleman about 9 years ago,due too the fact he told her after they were married he did not want children,plus his money was his and hers was hers,then the ******* became a wife basher,and heavy drinker,very sad story and my wifes mates has been too scared to divorce him up till now..

The legal person she has employed,who gave the papers to him at his inner city ppor,was chased down the street with a baseball bat..

The gentleman has not turned up for the last 2 court apperances,and the next one is in three weeks,all I have said to both of them it may be time too employ a Barrister who is skilled in this area,apart from that I don't know any other way,and this gentleman is cashed up,and did not come down in the last rainstorm..

Given the history of the case I would suggest the chased legal person would be very keen to take all the legal steps to ensure the case was decided against the chaser.

The only questions would be are they capable and what will they charge to get their revenge ?

I would also prefer that my wife only offer behind the scenes support and not be visible to the aggro bloke, some people get very emotional in divorce cases and it can all get way out of hand and innocent friends suffer as well.

 

[willair]

Is the difficulty with proving service? If so, see http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorce/Service+of+documents/


Once served, it's really no concerns of hers whether he turns up at Court or not.

Thanks for the link,and also that's my previous experience with builders that's they way the system work,but if he does not turn up this time what happens next?..

 

[willair]

I would also prefer that my wife only offer behind the scenes support and not be visible to the aggro bloke, some people get very emotional in divorce cases and it can all get way out of hand and innocent friends suffer as well.

Bit late for that,i helped the Lady move out when he went to work all those years ago,so I don't think I'm on his Christmas card list,and he knows I don't like wife bashers..

 

[Perp]

Thanks for the link,and also that's my previous experience with builders that's they way the system work,but if he does not turn up this time what happens next?..

I should imagine they decide the matter without benefit of his input. He might get one extra attempt to show up, but they won't let it just go on indefinitely because he's "ignoring" it.

 

[Terry_w]

To cut a long story short without too much clarity,,my Wife has been trying to help one of her mates,to complete a divorce-property settlement,the Lady left the gentleman about 9 years ago,due too the fact he told her after they were married he did not want children,plus his money was his and hers was hers,then the ******* became a wife basher,and heavy drinker,very sad story and my wifes mates has been too scared to divorce him up till now..

The legal person she has employed,who gave the papers to him at his inner city ppor,was chased down the street with a baseball bat..

The gentleman has not turned up for the last 2 court apperances,and the next one is in three weeks,all I have said to both of them it may be time too employ a Barrister who is skilled in this area,apart from that I don't know any other way,and this gentleman is cashed up,and did not come down in the last rainstorm..

Why do you want him to turn up to court?

 

[Tigger]

He doesn't need to be there, why would she want him there anyway? Serve the papers and let the process run.

I divorced my 1st husband in 1997, I just lodged the paperwork and he didn't show up. I turned up because I was the one who had initiated it. The process I believe is much simpler and easier now and many people self rep. No need for a barrister etc.

Have a look on the Family Law forum at AussieLegal, many people are self-repping and as long as all i's are dotted and t's are crossed, she doesn't need him there - she certainly doesn't need his consent and he can't oppose it. If they have no kids and she has her money back/still, there should be no complications.

 

[Ed Barton]

Why do you want him to turn up to court?

Isn't it better if he doesn't turn up?

 

[Terry_w]

Isn't it better if he doesn't turn up?

Depends on what the court matter is for.

 

[BayView]

and he knows I don't like wife bashers..

Who does?

As others have said - you don't want him to turn up.

Unless of course you have pre-arranged a few wife-basher-bashers to greet him at the Courthouse car park..

 

[willair]

I should imagine they decide the matter without benefit of his input. He might get one extra attempt to show up, but they won't let it just go on indefinitely because he's "ignoring" it.

Thanks for that,i thought it may go that way, the Lady in question is coming over for dinner tonight ,so I guess the subject will come up some time tonight,iv'e got that link up so I will let the "Wife"-Daughters-my wifes mate read it all,and let nature take it's course..thanks everyone..

 

[lizzie]

I divorced my first husband in 1998 - neither of us turned up to court and it just all happened without us.

The only issue was property settlement that was nutted out between the two lawyers as he was being a real d**k

 

[thatbum]

Is this an application for divorce or an application for property orders?

They're completely different matters...

 

[willair]

Is this an application for divorce or an application for property orders?

They're completely different matters...

After sitting around the dinner table last night and talking about what's happening,and being a good listener it's a property order,they had a ppor
unencumbered when the Lady left the gentleman in question,plus mix of shares but they were in his name only,i still think a Barrister may be the way but as the only male at the dinner table and once the veno and revenge kicks in it's better just say nothing..

 

[Tigger]

So are they divorced yet or not? This is important - they have been separated 9 years. Once the divorce is granted they have only 12 months to do property settlement. And they don't need to do property settlement befoer divorcing. So, 1st up, are they divorced yet? And if so, for how long?

If they have no kids then it should be uncomplicated and she should start by contacting a community legal centre to get an idea of how the steps play out and what she could reasonably expect.

No not a barrister! That is overly dramatic (at this stage). First she needs to get free basic legal advice on what happens when, and what her current situation enables her to do. eg if they divorced more than 12 months ago they will need to seek leave from the court to apply for property settlement before anything else - for that she may need him to show up. Get her to go to a community legal centre and get the basic info before she does anything else. No point spending money if it is not needed and no point spending money going up a blind alley and then having to U turn and spend more getting back to square one and then starting again. Basic information first!!!

 

[Perp]

i still think a Barrister may be the way

I'm not sure I follow your thinking. A barrister is a very particular kind of lawyer who presents arguments in court, on the instruction of the solicitor... what do you think a barrister would do for your friend in the present context?

 

[willair]

I'm not sure I follow your thinking. A barrister is a very particular kind of lawyer who presents arguments in court, on the instruction of the solicitor... what do you think a barrister would do for your friend in the present context?

That's what the Lady Solicitor said to the Lady the other day,it may give the case more push with a Barristers advice,all one can do is try and help while staying on the sidelines..

 

[willair]

So are they divorced yet or not? This is important - they have been separated 9 years. Once the divorce is granted they have only 12 months to do property settlement. And they don't need to do property settlement befoer divorcing. So, 1st up, are they divorced yet? And if so, for how long?
!

They divorced about 14 weeks ago,and their are no children from what I was told last night ,and now they are in the process of the property settlement ..thanks..