LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Time Frame for Divorce and Property Settlement?

Discussion in 'Family Law Forum' started by Curt Mountain, 21 April 2016.

  1. Curt Mountain

    Curt Mountain Member

    Joined:
    21 April 2016
    Messages:
    1
    Likes Received:
    0
    My ex-wife has asked me to sign the divorce papers. We have been separated for over 12 months. I am happy to do so. We have a house that is for sale and has been on the market for 18 months. It could take up to 2 or 3 years to sell. It is in a community and most places take that long to sell.

    So my question is that if I sign the papers, then the house sells after the 12-month period and she goes back on the verbal agreements of splitting the money, can I go to court to get the money? Or should I wait until house sells and if I'm happy with the property settlement, sign divorce papers.

    Wanting to know my legal standing.
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    You should have her sign a binding financial agreement about the house. You can hold off on the divorce if you wish, as there is a 12-month period after a divorce is finalised in which you can apply for a property settlement if you need to.
     
  3. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,065
    Likes Received:
    126
    forget the verbal agreement. Get legally enforceable agreement that stipulates both how the home is to be divided, but also a mechanism for agreeing to price, responsibility for paying rates, mortgage etc until it sells AND that neither of you will make a claim on any other assets / superannuation etc that you might possess...
     

Share This Page

Loading...