NSW Divorce - Does Wife Get Half of Assets 14 Years Later?

[Pammoe]

A couple (HUSBAND & WIFE) got a divorce in 2001 by the Court. The house is owned solely by me the HUSBAND.

They agreed to live in same house for the childrens' sake in 2001 and have been in same roof ever since. They have now decided to part their own ways as children have grown up.

Can WIFE claim half the house or any entitlements (property settlement)?

She has been receiving Centrelink for the last 14 years as separated and has been living for free under my HUSBAND'S house paying no rent or fees for groceries.

 

[Tracy B]

Hi Pammoe,

A property settlement should be made within 1 year of the divorce being finalised (i.e. of receiving the divorce decree).

If your wife wants a share of your assets from the relationship after this 1 year time limit, she will need to apply to court for an extension of time. She will need to explain to court why there was such a long delay and justify why she should receive a portion of the assets after such a long time. Time extensions are rarely granted, especially 14 years after the time limit. This is because it would be unfair for people's assets to be taken away because of a relationship that puckered 14 years ago. Also, people's memories fade and evidence gets lost in this time, so a hearing to determine what a fair property division should be will be difficult.

If you want to understand more about property division, you can read "Property Settlement After Separation".