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Post #32293 by Tyson70 on October 12th 2010, 8:52 PM (in topic “Court Orders”)

Court Orders

I separated with my husband in May 2002 and sold our family home in 2003 after agreeing to a 60/40 split as I had sole custody of one child.  This was our only major asset however court orders were never lodged.  We did not divorce until April 2010.  Now he is threatening legal action to claim a higher portion of the sale proceeds and a claim for part share of my new home, acquired after separation but before divorce.

My questions are.   1. Can he instigate court proceedings this far down the track? 2. Even though final orders were never lodged and we never divorced until 2010 (as he left the country) would the date used for determining our asset pool still be May 2002? 3. Is there any chance he could make a claim against any assets accumulated after our separation? 4. Is there any need to lodge final orders. I have been told that once you are divorced 12 months that property matters are considered finalised?

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