Do I have to sign?

NSW Law
In early Feb I had a mediation conference in regards to my children and property settlement. I was in my solicitors office, my childrens' dad was in his and the mediator was via phone. He was the one who left because he cheated on me and decided to be with her. He managed to get extra days per month with the kids and I'm supposed to pay him out for the house to be solely in my name. I dont agree with the amount and I'm concerned for my kids being with him for longer as I know they speak to them like rubbish (swears at and in front of them) and I suspects he does pot while he has them and drinks (but cant prove). They are forever telling the kids they will live with them instead of me and they both bad mouth me to our kids. He's been in breach of what we did agree on already. I had legal aid for this matter, but do I have to sign if I dont agree?

He sent me a text message a couple of months back (when he left) that I can have the house - I still have it on my phone.

First off, you're not entitled to sign anything that you don't agree with. Its a violation of your constitutional rights for anyone to do otherwise. Second, if you think he's been smoking pot then you can request that the judge administer a drug test. If he refuses it will only look bad on him. And finally, if you're children are over the age of thirteen then they have a say as to which parent they want to live with, or even if they want to visit him anymore. The only way for your husband to get custody at that point would be to prove that you're a bad mother, which I doubt he'll be able to do, based on everything that you have against him.

If you don't agree on what you are being asked to sign, you should not sign that. No one can force you to sign something against your will.

You didn't say what percentage the amount was. If it is 50% then you should accept that because that is what the law says. However, if he's demanding more than 50% then that is a matter for the judge. To answer your question, you don't have to sign ANYTHING you don't want to sign!! If you don't wanna sign it then don't! I'm going through a divorce right now too and my ex is always trying to get me to sign stuff. He also cheated (with 30 people) and did drugs. You can ask te court to order a drug test for your ex, which if you are pretty sure he's using then it is to your and your children's benefit to do so. A HAIR drug test is best. If he fails he will likely be allowed only supervised visitation. And yes, save that text message, however, this does not count as a binding contract and might be considered heresay (i.e. he can say that someone else got hold of his phone and sent the message).

Then, I would tell them to sell the house (if you have enough equity in it), and give you half of the profit or make him buy you out so you can take a deposit on the purchase of another home. Hold out for the most you can get.

Assuming you agreed before hand to mediation instead of court, I would say you are stuck. But don't take what I say as final. You should of asked your solicitor and still should.

No,you need not sign if you wish to continue the process.

Expect it to get uglier if you already agreed in principle and then renege though.

But if you are having second thoughts, better to do it *before* you sign....

You're not committed to sign anything at this point, I think. But, as a practical point, failing to do so, without making a counteroffer that you will agree to, is likely to make negotiations more difficult. If you refuse to negotiate in good faith, or string out negotiations unduly, the court will settle the matter, regardless of what you think. It pays to negotiate in good faith, and to put forth your positions frankly.

Nobody gets everything they want in a divorce. Unless you have proof of illegal activity on the part of your estranged spouse, raising custody issues is not a good strategy. It would be good for the kids if you could agree to parent together with your estranged spouse from a unified understanding, but if that level of agreement and co-action isn't possible, you won't help matters by trying to protect your kids from their father, or stepmother.