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Divorce - Separated for 2.5 years - More Money?

Discussion in 'Family Law Forum' started by Biil82, 14 July 2014.

  1. Biil82

    Biil82 Active Member

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    Hi all

    I have been separated from my spouse for 2.5 years (separation). I contacted her to ask where I should send the divorce papers to. She has advised she is going to seek money from me as she believes she is entitled to more.

    Given that we have been separated for so long, can she still peruse me for more money?

    Thanks
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Bill82,

    Have you already executed an agreement, consent orders or been to court over property settlement?
    If so, the issue will have been determined.

    A maximum time limitation for property settlement applications to be made to court does apply, however it is 1 year after a Divorce becoming "absolute" for married couples, and 2 years after separation for de factos.
     
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  3. Biil82

    Biil82 Active Member

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    Hi sophea

    Thanks for your reply.

    Nothing official was arranged with regards to assets, we greed to this verbally. I found emails from her saying that she "realises the deal is done now". Does her acknowledgment of our agreement hold any legal weight?

    Thanks

    Bill
     
  4. Sophea

    Sophea Well-Known Member

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    Hi Bill,

    Yes the emails may provide some evidence that whatever division of assets had occurred was intended to be a final settlement of your affairs, however like anything in law it is not definitive.
     
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