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QLD Claim Property Settlement 2 years after Divorce?

Discussion in 'Family Law Forum' started by Kellie Draheim, 25 August 2014.

  1. Kellie Draheim

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    Hi, I have been divorced for coming on 2 years and never made financial settlement ( property settlement). I know this sounds stupid to many, I was so unhappy and my ex husband was very manipulative so I just wanted to take my daughter and start again. We had a house, with a mortgage when I left. He sold the home for $40,000 profit and also various vehicles and general home furniture etc. He did however let me take the car, that is all I left with. I have always had our daughter fulltime ( custody of children), and he has paid child support but it is a private agreement. I am just wondering if it is possible to claim financial settlement now, for the property and also superannuation.
    Thanks.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Once a divorce goes into effect, you have 12 months to file a property settlement. I would say you've missed the boat on this one.
     
  3. rebeccag

    rebeccag Well-Known Member

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    Hi Kellie,
    The Family Law Courts site has some relevant information on your question, including the "Applying to the Court for orders" page:
    Any person who is, or has been married can apply for financial orders in the Family Law Courts. However you must do so within 12 months of your divorce order taking effect. After this time, you need the Court’s permission to apply.

    My understanding is that permission is only granted in very limited/exceptional circumstances. Hope this helps.
     
    Michael T and AllForHer like this.

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