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NSW No Binding Financial Agreement - Can Ex Claim Against Property?

Discussion in 'Family Law Forum' started by ellejay, 9 October 2016.

  1. ellejay

    ellejay Member

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    Almost a decade ago, my son's father and I split up. We had bought a house and were together 3 or so years.

    We agreed on a sum to pay him out of the property and I remortgaged. Our conveyancer drew up a transfer agreement which we both signed and I paid him out the agreed sum. I continued to service the mortgage as a sole parent and finally paid it off and recently sold it and re-purchased.

    My question is, as we didn't get family court orders or a Binding Financial Agreement. Can he now come back and make a further claim? If so, how can I protect myself? He has nothing to do with our son (his choice), hasn't paid and child support for years and lives overseas.
     
  2. Rod

    Rod Well-Known Member

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    Divorce him.
     
  3. ellejay

    ellejay Member

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    We never married...

    The reason I asked is that I heard of someone making a claim because the once-joint property had appreciated so significantly that the person felt they had been underpaid originally. Whether it's the real reason or not, the court actually awarded compensation
     
  4. Rod

    Rod Well-Known Member

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    Do you have the name of the case?

    Other than hearing about the case, is there some event that has triggered your concern?

    The general position is that for de facto relationships no claims can be made more than 2 years after the split unless one party seeks leave from the court. The court will only grant leave in limited circumstances.

    The fact that the split was more than 10 years ago helps you.
     
    ellejay likes this.
  5. ellejay

    ellejay Member

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    I don't know the specifics - but the mutual contact recommended that I get a BFA to cover myself. The property in question appreciated massively over the past 10 years.

    Good to hear the 2 year limit.

    Thanks for taking the time to answer :)
     
  6. AllForHer

    AllForHer Well-Known Member

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    He can't make a claim for a property settlement without leave of the Court since two years has passed since separation, and even so, there's a paper trail to show settlement was done and dusted years ago.

    He also has no legal interest in the property you've since acquired.

    There are some cases where old property settlements can be reopened in extenuating circumstances like where assets weren't disclosed, but rarely in this country and usually only where the asset pool is substantial (I.e. More than just a single house).

    I think you're safe.
     

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