No property settlement after 2 years of divorce

concernedmum · 14-01-2009, 08:01 PM

It was my understanding that after two years of being divorced you could not get a financial settlement easily meaning you have to go to court and then it would be to request a leave of the court.

I did not think it was possible for an ex to keep going after more money from the husbands/wives.

Recently I heard something different and was wondering has anyone had this happen to them and if that is the case does it go on what they own today not when they separated.

pendragon · 14-01-2009, 08:33 PM

I'm in NSW and was told by my soli that you had to start property settlement within 12 months of divorce, otherwise you would be looking at a 50/50 settlement. If you wanted more, you'd have to fight and have a good reason. After property settlement, unless something was hidden or not disclosed, the EX has no rights to further money.

concernedmum · 14-01-2009, 09:01 PM

What happens if there was no property settlement and the divorce happened two years ago.

pendragon · 14-01-2009, 09:06 PM

I suppose the court would have to look at the reasons why, was there a business or tricky family trusts that needed unravelling, or was there no assets at the time of separation etc?
As mine was pretty straight forward (fighting over house) I cannot think why somebody would wait for so long. I needed the money though

Hopefully somebody will post with a better answer.

Tali · 15-01-2009, 09:26 PM

I'm in Qld and in a similar situation.....

Settlement is supposed to be finalsed within 12 months of divorce. I think it is still fairly easy to get consent orders enacted after this time (because they are agreed) though you do have to ask permission for them to be considered (our advice is though this is normally just a formality).

I think if you still can't agree and want to instigate proceedings, you have to have a fairly good reason for leaving it so long - even the courts recognise you need to get on with your life at some point. Having said that though, I wouldn't like to risk a judge (3 years down the track) saying yes well your ex-partner has got a good reason so now you need to divide up your property as it is currently worth.

Thats why I am still trying to get consent orders down - have gotten verbal agreement about 4 times now, I get papers drawn up which ex then renegs and won't sign them - this has been going on for about 2 years now!

concernedmum · 16-01-2009, 07:16 AM

There was no assets but debt which DP has paid all off but she wanted half his super originally to which he said fine what is your amount we add it together and split it 50/50 and that was the end of it she never contacted us again.

Over 2 years down the track we have heard nothing. We want to buy a house but I do not want to even think she can go after it. He would also get the first home buyers grant but I don't so it would be better to put it all in his name.

BettyRubble · 16-01-2009, 08:48 AM

When DH and I bought our home, he was entitled to the first home buyers grant and I wasnt...but there was no way I wasnt going on the title, so we ditched the idea of the grant. I know it is a lot of money but I would not feel secure if I wasnt on the title of our home, especially since he's got a greedy ex who'd probably fight me for the house (for his kids of course !!!!) if something was to happen to him. And who can afford legal battles!

concernedmum · 16-01-2009, 08:51 AM

I know that is my concern and even a will can be contested.....More thinking and planning will have to be done!

cj · 16-01-2009, 10:01 AM

This is one of my concerns too. I really want to get a divorce and move on with my life. My current partner and I are already talking about marriage.

But I've been trying to get my ex to mediation for 12 months now and he comes up with excuse after excuse. He has had control over all of our assets (2 houses + cars + business) and has further encumbered them with debts while hiding his income. He even sold my car (was in his name) and the money went only god knows where. Meanwhile the kids and I are doing it tough and I'm working hard to move on. What complicates things is that there is a financial agreement which he has now made impossible to enforce because of the debt / asset ratio. Does that leave me tied to my ex permanently?

What if I go and get a divorce and still can't get it sorted for another 12 months? Am I going to be stuck with 50% of the debt after he has dwindled away most of the assets?

Will it be too late now? Will the courts say 'too bad' you should have come to court straight after seperation? I was kicked out of my home and my business with 2 kids and $1 in the bank (that's what my ex gave me!). Legal aid wouldn't help me (because a business was involved) and I definately couldn't afford a lawyer - I could barely afford rent. How was I supposed to get to court?

And will my ex be able to come back for more from me if I move on and finally get ahead again?

I've been told that I am still responsible for all of the debts he has incured even after seperation. Will I still be responsible for debts he incurs even after divorce?

And will he be able to still stake a claim on things that myself and my current partner have worked hard for?

smurfergirl · 16-01-2009, 01:07 PM

Honey, these are things that only a lawyer can answer, so get thee to one quicksmart.

I feel that your ex has pulled the wool over your eyes and you need a piranha to sort this one out. Preferably, a female one with a huge chip on her shoulder, they usually sink the teeth in and won't let go.

Sometimes, solis will allow you to pay their fee out of the settlement, so ask if this is a possibility.

What state are you in?