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NSW Property Settlement Application After Divorce

Discussion in 'Family Law Forum' started by Biil82, 16 November 2015.

  1. Biil82

    Biil82 Active Member

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    Hi There

    The court granted my divorce on 14/10/2014 which meant it became absolute on 15/11/2015 (I think). I read that my ex-wife has 12 months for the absolute date to apply to the courts for a property settlement and she can also apply for an extension to this.

    My questions are

    How do I find out if an application has been made?
    How likely it that an extension would be approved?
    Looking at the dates above, when do the 12 months expire? (I'm fairly sure it was 14/11/2016 but wasn't sure as this date was on Saturday)

    May thanks
     
  2. AllForHer

    AllForHer Well-Known Member

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    A person is alerted to an application when they are served with the relevant documents. A property settlement can't be heard until the respondent party has been served with the application. If you have not been contacted for a family dispute resolution conference, which is mandatory before an application can be filed with the court, then it's probably safe to assume an application has not been made.

    If 12 months has passed since the divorce was finalised, then the application will be out of the time frame and she will have to seek leave of the court to make an application. This will usually only be permitted if one party is, or is likely to suffer significant financial hardship as a result of failure to complete a property settlement.

    On the dates above, if the divorce was heard and granted on 14 October 2014, then it will become final on 15 November 2014, and the 12-month time frame for a property settlement will have passed on 15 November 2015.
     
    Biil82 likes this.
  3. Biil82

    Biil82 Active Member

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    Thank you so much for your responses.

    I have contacted the courts via the portal. They have advised that there are no open files. Does this mean that no applications have been made?
     
  4. AllForHer

    AllForHer Well-Known Member

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    That's correct.
     

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