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NSW Divorce - Time Limit for Property Settlement?

Discussion in 'Family Law Forum' started by DavidA2014, 9 May 2016.

  1. DavidA2014

    DavidA2014 Active Member

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    I have just officially divorced. I have been trying for the last 18 months to negotiate a property settlement without success. If the one year after divorce time limit expires and the court does not grant leave, does that mean other courts will have jurisdiction on the joint property? i.e. Just like if it was 2 parties in a non-marital or non- de facto relationship? Would superannuation be left alone then? Is it common for the court to grant leave?

    Thanks.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi David,

    As you appear to be aware, if you want to apply for property orders, you must file the application within 12 months of the date of your divorce becoming final. It is only if you wish to file the application for property orders outside of this time, that you will need leave of the court. Leave will only be granted in limited circumstances and will usually need to provide a pretty good reason why they should give you leave to file.

    If you cannot obtain leave to apply you can still apply through a different court - such as the District Court for a property settlement through the law of equity, but this is not the most practical way to proceed and a property settlement through the Family Court or Federal Court is preferable.
     
  3. DavidA2014

    DavidA2014 Active Member

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    Thanks Sophea, much appreciated.
     

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