VIC Time Frame for Divorce and Property Settlement?

[Curt Mountain]

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.

 

[AllForHer]

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.

 

[sammy01]

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...