VIC Settle Property Settlement After Divorce?

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K4ty

Member
21 April 2017
2
0
1
Hi, I have the following queries.

At what timeframe am I obliged to comply with financial disclosure requests?

We have been separated for about six months.

So far I have responded to solicitor for ex-requests by saying that I am not in a position to respond within the requested 14 days. The solicitor has responded to my stated inability to provide disclosure within 14 days with a letter saying there are instructions to issue proceedings without further notice if I do not provide a "satisfactory date: as to when the information will be received ...".

The original request for disclosure asked for my information to be provided after which time (not specified) my ex would provide hers to me.

However I am thinking that I would prefer to have the divorce finalised prior to agreeing on a property settlement. Am I within my rights to say that I do not wish to enter into any negotiations until after the divorce? I do not feel that I am in a satisfactory mental state to enter into binding negotiations at this point.

Thanks for any help.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
not really.
So you have to wait 12 months to get divorced. You then have 12 months from there to initiate court. What they are asking for is pretty reasonable. The 14 day deadline is a bit steep. But what do you really have that requires all that much paperwork? A super statement? a bank statement or two? maybe some shares?

There are merits in getting it done sooner rather than later.
 

K4ty

Member
21 April 2017
2
0
1
not really.
So you have to wait 12 months to get divorced. You then have 12 months from there to initiate court. What they are asking for is pretty reasonable. The 14 day deadline is a bit steep. But what do you really have that requires all that much paperwork? A super statement? a bank statement or two? maybe some shares?

There are merits in getting it done sooner rather than later.[/Q

Multiple titles / mortgages that have not been finalised in the probate of my father's estate
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
At what timeframe am I obliged to comply with financial disclosure requests?

Property division can happen at any time as long as it is not more than 12 months since divorce.

Replying depends on whether you want a settlement before court or you prefer to wait for court orders. Your choice.

You do not have to reply within the 14 days. You could make it 30 days. The risk is the ex will start court proceedings after 14 days. You need to do what is best for you regardless of what they demand while knowing there may be court action by the ex if you don't reply within 14 days.