NSW Binding Financial Agreement - Circumstances Granting Out of Time Hearing?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

EHub

Member
6 January 2017
1
0
1
I am trying to make a Binding Financial Agreement with my ex regarding our financial affairs to protect myself in the future. I had my solicitor draw up s90C documents (with consent via my ex's solicitor but at my expense). This reiterated the arrangements we had made when we separated (we informally agreed via signed stat decs). He is refusing to sign the document or provide his details (even though I have provided mine). It is more than one year and one day since our divorce was granted.

I understand that I am not protected from claims by him against my assets (as we only have mutually signed statutory declarations attached to our divorce ruling) and he can apply for an 'out of time' hearing to make a claim against me at any time in the future.

What are the circumstances that a family court would grant such a hearing?
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
I would think he would struggle to get an out of time hearing. It really is special circumstances - so perhaps a soldier who was stationed overseas for a big chunk of the year...