NSW Property Settlement Time Limit

[NoobieDoo]

Hi everyone

I've got a nutty ex, who doesn't right? lol

After we separated in 2004, my ex defacto of 6 years made several attempts to pursue a property settlement but not once did he file papers with the Court. He put a caveat on my property which I had removed 2 years later as he didn't proceed with anything.

We had 2 children together. Over the years, I've received numerous drunken emails demanding I pay him varying amounts of money. He has refused to see the children. He refuses to file tax returns so child support have assessed him as earning the equivalent to the dole. Anyway, I digress, sorry!

My question today is regarding the NSW time limit for him to be able to proceed with a property settlement. I read that it's 2 years from the date of separation but a court might give leave under limited circumstances. I wondered if anyone can shed light on some of those reasons?

Thanks in advance

 

[sammy01]

Is his name on the title of the house?

So to open a case after more than 2 yrs is very unlikely.... It would have to be a very extreme circumstance - maybe if he were deployed OS in the defence force??? But no one gets deployed for 2 yrs...

If his name is on the title - you have big issues... If it is not SWEET

 

[NoobieDoo]

Is his name on the title of the house?

So to open a case after more than 2 yrs is very unlikely.... It would have to be a very extreme circumstance - maybe if he were deployed OS in the defence force??? But no one gets deployed for 2 yrs...

If his name is on the title - you have big issues... If it is not SWEET

Hi Sammy, that is sounding like good news then. He didn't have his name on any legal documents.

The only 'deployment' he did was pretend to be working for me but was conducting 'business' at all the local pubs, clubs & bottle shops... anywhere he could get a schooey & a punt... Turns out he blew $85k he never told me about at these establishments. I only realised the magnitude of what he had really been up to when I saw the pile of bank statements his solicitor sent to mine. He tried to justify how much he spent on the kids.... errr... no... Bank statements are great for showing the places where money was obtained or spent!

I'd say it's just his new round of drunken email intimidation... not that I'm feeling very intimidated, mind you. I feel for the poor solicitor who is seeing him for his first 'free appointment' on Friday. It's an hour she'll never get back....

 

[Hayder Shkara]

Yes there is a 2 year cutoff. The only way he can get an application up is if he convinces a court that by denying a property settlement will cause 'severe injustice' to him. Severe injustice is based on case law and gets a bit technical, however from what you've told me, it seems unlikely that he will get up on his application.

 

[NoobieDoo]

Yes there is a 2 year cutoff. The only way he can get an application up is if he convinces a court that by denying a property settlement will cause 'severe injustice' to him. Severe injustice is based on case law and gets a bit technical, however from what you've told me, it seems unlikely that he will get up on his application.

Thanks Haydar. Appreciate your input.

He is a worry with his constant harassment for money via email. He is bipolar and either can't or won't listen to reason. The financial responsibility of raising the kids fell solely upon me. I took him to court to get Parenting Orders a few months after the separation and all he did was use that as leverage to get money. That didn't work for him so he refused to see the kids. I ended up deciding I couldn't make him become a good father, nor was I going to give him any more money to throw down his neck & into the pokies.

After him, I gave up the bad boys for good and found a decent & stable one. I should write a book!

 

[AllForHer]

Agree with the others, I don't see how he could possibly succeed with an application for leave of the Court to file for property settlement out of time.

On the upside, hopefully the knowledge that he is ill positioned to actually pursue a property settlement should give you confidence enough to ignore any e-mails that pertain to money. Don't ignore e-mails about the kids, but e-mails about money, just store them safely in a separate mail folder for later use if necessary, but otherwise don't respond.