1 Comments Family & de facto law, financial agreements, consent orders
Hi, I have found some information that might be of benefit to you: If the parties do not formally record their agreement through Consent Orders or through a Binding Financial Agreement then they are still at risk that their former spouse or partner may make a further claim against their assets or entitlements some years into the future. "There is a time limit set by the Family Law Act 1975 in relation to parties bringing claims for a division of property following the end of a relationship. In the case of a marriage each party has 12 months from the date of a divorce to file a claim with the court. In the case of a de facto relationship each party has 2 years after the date of the separation to file a claim with the court. As a de facto, it is important that you record the date you separated to enable you to determine this 2 year period. "Once the time limit for bringing a claim has passed the claim is then said to be out of time... however this does NOT necessarily protect your assets from a future claim by your ex" Once the time limit for bringing a claim has passed the claim is then said to be "out of time" and technically the party cannot then file a claim. However this does not necessarily protect your assets from a future claim by your former spouse or partner as there can be exceptions made to allow a claim to be brought out of time. If your former spouse was unable to support themselves without a government pension when the time limit expired, this is a scenario where they can still bring a claim for spousal maintenance. Or perhaps your former spouse can show that they will suffer hardship if an extension of time is not granted. In that situation they can also bring a claim for property settlement. For example, if they would have had a claim against your superannuation at separation but were not aware of this until after the time limit expired, they might be granted an extension of time by a court. " Also, have a look on the Federal Circuit Court website: http://www.federalcircuitcourt.gov.au/. It is always advisable to seek legal help. Do this once you have a clear idea about what you want to gain. Make sure you have as much proof of ownership or co-ownership whilst in the marriage. Good luck!