NSW Property Settlement Issues with Ex - Final Ruling?

[Lynne]

My brother in law is divorced (Oct 2014) and is still trying to get a property settlement.This first began in the Federal Court of Australia in August 2014 and despite quite a few court appearances since then, nothing has been sorted.

His ex-wife is staying in the house (jointly owned; no mortgage) since she staged a domestic violence incident and he was thrown out of the house with an AVO (dismissed).She wants to keep the house but is being totally ridiculous with the offers she has put forward, even after up to date valuations. She is being intentionally obstructive and is so far getting away with it all.

He goes back to family court in March, so a hearing date can be set. How long can this all go on for? ls there a time limit as to when the judge can make a final ruling?

 

[Therese]

Hi Lynne,

it is my understanding that couples have one year from their divorce date to apply for a property settlement but other than that the court proceeding to decide on the settlement does not have a time limit.

I would suggest making sure your brother has legal representation so his case can be put to the court. See Get Connected with the Right Lawyer for You.

 

[AllForHer]

Unfortunately, there are no time limits for a judge to make a decision, but there are dissuasive factors meant to deter parties from drawing out proceedings longer than is necessary. If the house is the only asset to be divided, it's likely a trial will be fairly short and a decision handed down relatively quickly, however the overall proceedings from filing to final decision can take up to two years.

Your brother-in-law may be interested to know that a person may apply for a costs order to help cover their legal fees if the other party has deliberately delayed proceedings.