Donate Child Support Calculator
Skip navigation

Out of time for property settlement

Add Topic
It has been a little over a year since I divorced my ex-wife. We never had a property settlementas she earnsgood money and has her own homeand we were only married for about 6months. We had one child together during this time. We have no written agreements regarding property settlement. I kept my property/cash/car and she kept her assets.

I am of the understanding that ex has one year to initiate property proceedings after divorce is granted 'decree absolute' - otherwise she has to seek leave from the court. If she decides todo this, are these applications typically successful? If she was successful in court do we still need to do the whole "pre action negotiations" before a court makes a final order? Or does itgo straight to court once leave is granted under sec 40C of FLA?

I am just a little worried that ex could try this. But despite her being "out of time", I am not too sure of what her prospects for success will be. I know I have to be more specific but is initiating proceedings for property 'out of time' very difficult?Anyone in this forum have personal experience they can share?

I am a novice in these matters but

My understanding is that you have only twelve months, to make application for the properity settlement and orders.

After this you have to seek consent or leave of the court to do.

This can be difficult and expensive to do so.

So what I am saying is that you are out of time, and the court may or may not grant leave for she or you to do so.

I suspect you would need a most satisfactory explanation, of why this has gone on without any action from either of you.

All the best

When one seek's a divorce it has been heard that the person on the bench will cause reasons to be given in respect of custody/contact with children and will comment if the divorce order does not accommodate them.
It would not be a challenge to bring an application for a property settlement after the year has expired. Grounds may exist. They would be heard and a determination made.
But what is to be considered on your part is that until you have a property settlement your financial relationship is not severed. It is only cut when either consent orders or a trial judgement effect that termination.
Many in the community may never have settlements. Should you strike it lucky it could be reasonable to expect a serviceof court documents.
Getting orders by consent giving entitlement to each of those asets held is worth considering.
Until then it is to be minded that your financial affairs may be the subject of forensic scrutiny.
The cleared air may open up opportunities.

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
1 guest and 0 members have just viewed this.

Recent Tweets