QLD Time Limit to Property Settlement After Separation?

Discussion in 'Family Law Forum' started by Helena543, 16 June 2019.

  1. Helena543

    Helena543 Active Member

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    Hi, hoping you can give me some info on my situation. I have been separated for about 2 1/2 years but have never had a formal agreement. We both just left with what was ours. My ex's situation has changed recently and I am now worried that he might come back and try to make a claim on my house and superannuation.

    We were married, not de facto and have no dependents. Is there a time limit on claims on a property settlement?
     
  2. sammy01

    sammy01 Well-Known Member

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    12 months from time of divorce. There can be exceptions, but they are rare.
    Short version, if you've been divorced for 12 months I reckon you should stress less.
     
  3. Helena543

    Helena543 Active Member

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    Thanks Sammy, guess I should look into this a bit further we have been separated but not divorced
     
  4. Atticus

    Atticus Well-Known Member

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    How long were you married? Any real estate?
     
  5. Helena543

    Helena543 Active Member

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    Married for 30 years. The only real estate is the house I am building (owner builder). The deeds and mortgage are in my name only and the build started after separation however the purchase of land and house kit was before separation. He assisted in the build so far in lieu of paying rent.
     
  6. Atticus

    Atticus Well-Known Member

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    30 years is a significant length of time... Most definitely need to have something formalised IMO.. There would be a legitimate claim on superannuation, and also the land/house kit as it was purchased pre-separation.

    The legislation talks about a party that has contributed to the purchase, preservation or conservation of the property as having a financial interest... so the fact that he is also contributing by way of the building also complicates things. Even though the deeds are in your name only, he would have an interest in the place and could have a caveat placed over the title.

    In short, this scenario has the potential for significant consequences for you moving into the future if you do not have a formal, legally binding financial agreement or court order... Even if you were to divorce and the 12 month period to file a claim passed, he would only need to show that he had a significant and substantial contribution to the purchase, conservation or preservation of the property and that he would be disadvantaged if leave to file was not granted...

    Then there is the super accumulated over 30 years as well. I have little doubt that leave would be granted to file out of time.
     
  7. Helena543

    Helena543 Active Member

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  8. Helena543

    Helena543 Active Member

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    Hi, thanks I just don't really know where to start or what to do. I guess I need to find a lawyer. I was hoping we would be able to sign some sort of agreement without having to go through the courts.
     
  9. Atticus

    Atticus Well-Known Member

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  10. sammy01

    sammy01 Well-Known Member

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    Are you divorced? if so for how long?
    There is a 12-month time frame for him to file for asset division. That 12-month starts from when the divorce is granted... So if that 12 months have passed I'd suggest you do nothing. If the 12 months is coming up soon, I'd suggest do nothing. Nope - just do nothing and wait. If he does nothing then you've saved $$ on solicitors and you're all good
     
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