QLD Property Settlement Time Limit

[Jamesa4150]

I divorced in 2012 and requested that we do a property settlement.
My wife suggested (on the advice of her accountant) that we wait till 2017
so that she can maximise her superannuation benefits. She reaches retirement
age this year.

I agreed because I didn't want to disadvantage her when she retires.

Now I find that the settlement should have been completed a few years ago. She
has infinitely more assets than me because I helped her build them up.

Can we still do a proper settlement even though we started the process in 2012
but haven't yet completed the process. I'm sure there would be many people who
would not complete settlements within the time limit for a myriad of reasons.

 

[Rod]

My wife suggested (on the advice of her accountant) that we wait till 2017

Hope you have this in writing.

Can we still do a proper settlement even though we started the process in 2012
but haven't yet completed the process.

You can negotiate by yourself and not go to court. Or if going to court, yes, with leave of the court.

 

[leajay]

I recently spoke to a lawyer regarding financial settlement and it apparently works both ways . If it's 50/50 split and she had more super / assets than you , you mite benefit ?
I understood they add the assets & super then divide to work out which partner owes the other ?