NSW What Happens After the Divorce Order has been Granted?

[caca]

Hi there,

Once a Divorce Order has been granted in the Family Court NSW I understand that the following arrangements for children and any financial/property settlements need to take place within one year from the Divorce Order having become final. My husband is the Applicant.

If for some reason (say living abroad) and the financial settlements do not take place within this one year period, what are the implications of this? How do they affect the Divorce Order itself and who will be more implicated by this not proceeding within the designated year, in our case, the Applicant or the Respondent in terms of the financial settlement.

 

[Atticus]

Divorce and property/financial settlement are separate court applications.. As you point out, there is a 12 month time frame from the grating of a decree nisi to file for property orders.

If filing outside the 12 mths, the applicant will first need to seek leave of the court to file.. Generally, the court would need to be satisfied that hardship may be caused to the applicant or a child if leave is not granted... Failing to do so within the 12 mths has no affect on the divorce.