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QLD Is It Too Late for a Property Settlement with Husband?

Discussion in 'Family Law Forum' started by Janinemann, 6 October 2015.

  1. Janinemann

    Janinemann Member

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  2. AllForHer

    AllForHer Well-Known Member

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    There is a 12-month time limit after a divorce is finalised for either party to file for a property settlement through the court.

    When you said you left your husband, do you mean you are now divorced or only separated?
     
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  3. JS79

    JS79 Well-Known Member

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    There are time limits in regards to applying for financial orders. You would need to apply for it within one year from your divorce taking place.

    Are you divorced yet?

    If yes, when was your divorce?

    In special circumstances you can apply to have this date extended but you would need to seek legal advice.

     
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  4. Janinemann

    Janinemann Member

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    Only separated
     
  5. AllForHer

    AllForHer Well-Known Member

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    The time constraint doesn't apply, then, until the divorce is finalised, which is one month and one day after the divorce hearing. The time limit for a property settlement is 12 months from that date.
     
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  6. Janinemann

    Janinemann Member

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    Do you mean from the divorce date ?
     
  7. AllForHer

    AllForHer Well-Known Member

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    Yes, I mean the divorce date, as opposed to the date of separation.

    Once you apply for a divorce, a court date will be set usually before a registrar, who will assess the application and decide if the divorce should be granted. The divorce will then be finalised one month and one day after the hearing date. From that finalisation date, you then have one year to apply to the court for a property settlement if you're unable to reach agreement with the other party.
     
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