QLD Can Ex Spouse Claim Assets Years After Separation?

[racieta]

Hi, can someone please answer me this? If a person separated 3 1/2 years ago, the last pmt to child support was done 10 months ago as the child is now 18 years old, can the spouse claim property / money gained well after the separation?

 

[Sarah J]

Hi racieta,

The general rule is that a person can bring a claim for property within 12 months after divorce becoming finalised, or 2 years after separation for de facto couples. If someone is seeking outside this time frame, they will need to seek permission (leave) from the Family Court for an extension of this time. They will most likely need to explain why they could not bring the action within the normal time frame and justify the extension. Extensions will only be granted in limited circumstances.

So basically "no", but there may be exceptions.

 

[racieta]

Hi can some one please answer me this if a person separated 3 1/2 years ago the last pmt to child support was done 10 months ago as the child is now 18 years old can the spouse claim property / money gained well after the separation

Thank you Sa

Hi racieta,

The general rule is that a person can bring a claim for property within 12 months after divorce becoming finalised, or 2 years after separation for de facto couples. If someone is seeking outside this time frame, they will need to seek permission (leave) from the Family Court for an extension of this time. They will most likely need to explain why they could not bring the action within the normal time frame and justify the extension. Extensions will only be granted in limited circumstances.

So basically "no", but there may be exceptions.

Thank you Sarah

 

[Sophea]

Hi Racieta,
Check out this LawAnswers Family Law Forum thread too: "De Facto Property Settlement - Finalised?".