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Is divorce considered adequate for property settlement +5yrs.

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Years of Divorce vs Property Settlement

After agreeing to and being granted a divorce . Private arrangements for Property Settlement were agreed to during the separation, maintained to the original agreement and paid out as per the original agreement. Child Support was also paid as per this agreement and not disputed. Although was never registered with through the courts, it had been accepted by CSA.  

Would it reasonable, allowable  or practical for the other person to try and make a further claim on Property, in-light of the recent property values increasing?
I think potentially another claim could be made. I base this on the fact that my orders include a clause that states:

My Orders said
"That pursuant to section 81 of the Family Law Act 1975 the husband and the wife intend that these Orders shall as far as practicable finnaly determine the financial relationship between them and avoid any further proceedings between them.

This indicating that without such a clause then further proceedings could easily take place, but with such a clause the argument for further proceedings would be weaker. I'd look through your documents to see if such a clause exists.

However, I would suggest that MonteVerdi would likely gives the best advice on this matter.

Further to this I believe any application to the court as to property or maintenance has to be made within 12 months of the divorce or otherwise have the leave of the court o make such an application.

Last edit: by MikeT

Stuck4Answers said
After agreeing to and being granted a divorce . Private arrangements for Property Settlement were agreed to during the separation, maintained to the original agreement and paid out as per the original agreement. Child Support was also paid as per this agreement and not disputed. Although was never registered with through the courts, it had been accepted by CSA.

Would it reasonable, allowable  or practical for the other person to try and make a further claim on Property, in-light of the recent property values increasing?
 
This would depend entirely on the parties' circumstances. The applicant would require leave due to being out-of-time, but leave is not particularly hard to come by…

Filing an application for consent orders might be the best idea to safeguard yourself… if your former partner would agree to it..

Absolutely Not

Mike T is on the mark…

Section 81 deals with the Family Courts responsibility to make Orders for the division of matrimonial property and generally appears in the preamble of any good Minute of Consent Orders.
Section 81 makes reference to the Court's responsibility to ensure that there is complete financial seperation between the parties and, of course, the compulsory consideration of whether the proposed split is (with all cicrumstances considered) fair and equitable.
Orders made with reference to Section 81 and are final, binding and no further Application will be accepted unless the Orders were obtained in fraud, an error of law or some other extreme circumstance.
Your informal (or written) 'agreement' re child support and property settlement are as enforceable as cheese if either of you makes an Application for formal property settlement.
Although yes, you need to first obtain leave to make an Application out of time, this is as easily satisfied as stating that an inability to finally resolve the parties' financial relationship and the possibility of future proceedings = significant disadvantage.
Even if the CSA have registered your current child support agreement, the rates of payment therein are anything but enforceable if your partner kicks up a fuss because of a significant change in financial circumstances etc.
If you want an enforceable agreement obliging your partner to pay $ or benefits above those assessed by the CSA ref income, then you need to enter into a Binding Child Support Agreement. I note that even a BCSA cannot oblige a party to pay Uni fees/costs after the child reaches 18 = adult and presumption of self-support.
Ultimately, if you want to 'close the door properly', you need to file Consent Orders and obtain Court Orders. I also hate to think of the stamp duty and/or capital gains exemptions you may have missed out on by failing to settle pursuant to Court Orders after seperation.
Really… if the agreement you reached and the manner in which the property of the relationship was divided was fair and equitable, you have very little to worry about. See a lawyer, get an opinion, file a Form 11.

Hope that helps :)

- Zer0ne -
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