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VIC Property Settlement - 12 Months Post Divorce?

Discussion in 'Family Law Forum' started by Rosella, 10 April 2015.

  1. Rosella

    Rosella Member

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    I have been advised that once a divorce is final, you have 12 months to lodge consent orders with the courts to settle financial matters. I cannot find any information in regards to what happens if papers are not lodged within the 12 months? Can I still finalise property settlement after the 12 months, and what is the procedure?

    My ex is delaying proceedings, we have 10 weeks left to lodge within the 12 months. Can I proceed to lodge papers without him? How do I push forward with this?
     
  2. AllForHer

    AllForHer Well-Known Member

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    I believe you can finalise a settlement by consent after the 12-month deadline, but if you wish to have the court decide the matter for you, you would need to leave of the court to file outside of the 12-month period.

    You can file an initiating application for a property if you have already attended a family dispute resolution conference an attained a s60i Certificate. This can be done without the other party, though the other party will be given an opportunity to respond to the application.

    If you feel the other party is deliberately delaying progress until after the deadline passes, it might be worthwhile filing an initiating application. Be sure to include information about any negotiations or agreement already reached, even if such agreements haven't been received as consent orders by the court.
     

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