It is important to know that there are time limits on making
applications under the family law for a property division. If you are unaware or not advised of these, there can be
serious repercussions leaving you significantly worse off.
For defacto relationships, an application cannot be made
under the Family Law Act 1975 more than 2 years after separation. For married couples, the time limit is 12 months after your
divorce is made final. For this reason, many family lawyers will not encourage
people to actually obtain their divorce until their property settlement is
finalised or very near to being finalised.
While the deadline is clear cut for divorcing couples, the
time limit on defacto relationship can cause more difficulties, particularly if
there is a disagreement about precisely when your separation occurred. Parties will of course be more likely to recall a separation
date in a way that is advantageous to them.
In the event that the deadline passes in either case, the
Court may grant leave to a party to apply even if they are out of time, but you
will need to explain to the Court the reason for the delay. The Court may grant leave to you to proceed out of time if
it is satisfied that:
- Hardship would be caused to a party to the relevant relationship or a child if leave were not granted; or
- If applying for an order for spousal maintenance, that at the end of the limitation period, the circumstances of the person applying were that the person applying would not have been able to support themselves without an income tested pension, allowance or benefit.
The definition of hardship is a vigorously contested one. The Court will take a variety of factors into account when
considering these issues, particularly what exactly is meant by ‘hardship’ but
it is important to seek legal advice and act quickly if you are approaching or
have just passed one of these deadlines.
I am extremely thankful for your contribution to this field. Keep updating.People facing the end of a marriage or relationship will often find that many friends, family and colleagues consider themselves experts in family law. When it comes to property settlements there are many misconceptions. As leading property settlement lawyers in Sydney, we think we have heard most of the misconceptions and myths around.Property Settlement Lawyers Sydney
ReplyDeleteThanks for the great contribution. Its an important and advisable to get the legal advice from professional family lawyer on timely manner to get the quick help and solve the legal matter with ease.
ReplyDelete