SA Property settlement after divorce granted quick question

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QS_over

Member
28 August 2020
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Hi!

- Ex and I seperated in November 2018.
- I began process of property settlement in August 2019, via lawyers and we are still going back and forth (with long delays hearing from his side and petty objections to property pool)
- Divorce was granted 24 August 2020
- I know there is 12 month time limit now to claim property settlement after divorce. Does the fact that we started negotiations before this 12 month countdown mean he can take his time? Or does he now have 12 months to stop messing around and agree to the property pool and create consent orders?

TIA :)
 

sammy01

Well-Known Member
27 September 2015
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You have 12 months from time of divorce to sort stuff. So you wanna be strategic. Make a proposal that is fair, leave it on the table for a month. Then just apply to court. Sometimes the reality of court and associated costs is a motivator to play nice
 
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Rod

Lawyer
LawTap Verified
27 May 2014
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You may not have time to wait one month.

You have 12 months to apply to court from when the divorce became final. If the divorce was granted for instance on 1 August, then one month later it becomes final, ie 1 September.

Check with your lawyers, you may need to file asap.