Wednesday 26 March 2014

If I separate is there a time limit to make a claim for a property settlement?

Yes, the deadline for issuing a property (or maintenance) application is 12 months for married parties after a Divorce Order has taken effect (except by leave of the Court or the agreement of the other party).  A party to a de facto relationship may apply for a property (and maintenance Order) only if the Application is made within 2 years after the end of the relationship.  If you are outside these timelines, we recommend you obtain legal advice.
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2 comments:

  1. Unknown15 June 2016 at 05:31

    Hello,
    Thanks for sharing the info about property settlement...keep sharing the informative blogs. I really thank you for your efforts for writing this blog...
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  2. John Lowry30 October 2016 at 17:54

    Great article. It is recommended that you sort out your property settlement arrangements as soon as possible. It is important to remember that asset values can change over time, and valuations are best done close to when two people separate.

    If the time limit has expired, you may be able to apply to the Court for “leave to proceed” notwithstanding the expiration of the time limits. If this is granted then the time frame you have to settle your property adjustment will be extended. However, this will only be granted in limited circumstances.
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