QLD How long can property settlement go on for ?

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stan in qld

Member
7 May 2021
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0
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Hello. My partner of 10 years put a dvo on me on October 2020. She a applied for property settlement in Jan 2021 (she applied before the final hearing of the dvo which I accepted the order conditions without admission due to limited funds ) . There has been one email from her lawyer to my lawyer showing her bank records and one back from me to her lawyer showing my bank records . My last email was in late February and there has been NO communication from her lawyer since . There has been repeated requests from my Lawyer to her lawyer for more communication to finalize the settlement situation .
So my questions are -
How long can she keep the situation 'open' for ?
How can I apply to put and 'end' to it ? as she is obviously stalling for a reason or has lost interest ( as it turns out there will be a very small amount of money that she will get- or maybe even owe me money ).
My lawyer says I can apply to the courts with and affidavit to end the application ( $5000 plus) How do i know my lawyer is not trying to drag it out just to make more money off me hoping for a ' big court case' . ?
I cant see how I need to involve and affidavit when it is not a ' court issue ' yet . - Is my lawyer correct ? Or is there a quicker way -ie give her Lawyer a time limit to respond ?

Cheers
Stan
 

Atticus

Well-Known Member
6 February 2019
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255
2,394
How long can she keep the situation 'open' for ?
If you get an answer from her lawyer at all it will only be when they want something... The lawyer only acts on the clients instruction.. Don't waste anymore of your money instructing your lawyer to send very expensive letters to her lawyer.

I seem to recall something in the family law act about inaction on a case for longer than 12 months, but will have to do a bit of searching to jog my memory...
as it turns out there will be a very small amount of money that she will get- or maybe even owe me money ).
My lawyer says I can apply to the courts with and affidavit to end the application ( $5000 plus)
Why would you then pay $5000 to end a case that you may benefit from.... I would do nothing at this point unless YOU have to. If she withdraws the case you can apply for your legal costs to be paid by her.
 

sammy01

Well-Known Member
27 September 2015
4,717
677
2,894
what sort of assets are to be divided? $$ money value? Are there kids involved? mortgage or renting?