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NSW Advantages to Delaying Divorce Application?

Discussion in 'Family Law Forum' started by ForATime, 14 March 2016.

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  1. ForATime

    ForATime Well-Known Member

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    Is there any strategic advantage for someone who has communicated that they will apply for divorce to delay making an application?

    For example, is it advantageous for children or property matters to be married or any other advantage?
     
  2. Tim W

    Tim W Lawyer

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    Who's doing the delaying?
    You, or the other person?
     
  3. ForATime

    ForATime Well-Known Member

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  4. AllForHer

    AllForHer Well-Known Member

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    For a divorce application? Not really, usually just cost. An application made solely costs close to $1000, so it can slow things down.

    I suppose it can affect property settlement, too, because the court determines property settlements from the day of hearing, rather than the day of separation, so any assets accumulated during separation may be taken into consideration, and separation can last indefinitely. If you divorce straight away though, a party only has 12 months after the divorce to file for property settlement.
     
  5. ForATime

    ForATime Well-Known Member

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