The Importance of Meeting the Property Settlement After Divorce Time Limit in Australia
When divorce is on the horizon, there are many questions that come up. Aside from the legal decisions, there are instances where the joint property comes into question. One of the biggest obstacles is property settlement after divorce time limit Australia specifically.
In this article, we break down everything you need to know. When the conclusion wraps up, you will feel confident in the steps you need to take moving forward. With JJ Lawyers behind you every step of the way, you’ll have everything wrapped up in no time.
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Disclaimer: The content of this blog is intended for general informational purposes only and should not be considered expert legal advice regarding property settlements after divorce in Australia. For personalised and professional legal advice, please contact us to schedule a consultation at (02) 8378 8585.
What Is a Property Settlement?
The Process of Property Settlement in Divorce
As we proceed with a divorce, there will be a period where one must separate items that the couple mutually owns. For many couples, this can include homes that they purchased during the relationship, vehicles that they own jointly, or other assets that one or the other brought into the union throughout its duration.
Items one may associate with property settlement take time to decide. The separation of belongings is often a product of ongoing conversations and mediation sessions. While some couples can complete this process within a few months, others require a lengthier period.
Is There a Property Settlement After Divorce Time Limit?
The Different Time Limits for Property Settlement After Divorce in Australia
Regarding navigating a property settlement after divorce time limit, Australia has two periods that pertain to different unions. On the one hand, you have a legal divorce. This term and the ongoing proceedings are associated with couples previously part of a marriage who are dissolving that relationship.
On the other hand, there is a case for a de facto relationship. Those who live together domestically but are not married or bound by familial ties fall into this category. While this is not a legal union, the Australian government protects those in these relationships upon the couple severing relations with one another.
When it comes to property settlement after divorce time limit restrictions, each relationship style has its own duration. We highlight these timelines for review below.
What Is the Property Settlement After Divorce Time Limit, Australia Specifically?
You will find that the time frames and details surrounding divorce and property settlement vary widely throughout the world. In the case of Australia, you are bound to a separate set of date ranges depending on the type of relationship you were part of previously.
When it comes to abiding by the correct timeline following a divorce or the dissolution of a de facto relationship, couples will have a more extended period if they were previously part of the latter. This fact presents due to a divorce in Australia, affording our citizens 12 months to come to a resolution as it applies to property.
However, if a couple was previously part of a de facto relationship, the country permits up to two years to finalise all of the details and decisions. While individuals may find the time restriction daunting, James & Jaramillo operates on a mission to collaborate with clients closely to streamline the process and finalise all necessary details in the time allocated.
What if We Miss the 12-Month Deadline?
In the event that a couple has not been able to reach an agreement at the time of one year, the courts must grant a leave to allow the procedure to continue. Most commonly, the courts will allow these if a lack of decision is causing hardship for one or both members or the children of the couple.
For those who find it necessary to have an extension, it is critical that one has accurate records as it pertains to the timeline of events. Individuals who have finalised a divorce will need details regarding the length of the relationship and the divorce date. Those who were part of a de facto union will need an official date of separation as well as the length of time spent in the relationship.
Frequently Asked Questions
For those currently in the process, knowing what to expect when it comes to property settlement after divorce can be challenging. This fact is especially true with all the conflicting information available online. The inquiries below highlight some of our most commonly received questions from current and prospective clients.
Do JJ Lawyers only focus on divorce?
While we have endless experience in divorce and property settlements, we also work in other areas of law. If clients have a family law matter, are struggling with demerit points, dangerous driving offences, consent orders, or even filing an application for the property, we can help.
Will my past reflect the outcome of my property settlement?
Many individuals have concerns that a charge of driving whilst suspended, a previous property matter, or a subsequent offence will come into play during divorce proceedings. In most cases, this will have no impact. However, taking advantage of a free consultation with James & Jaramillo can help define an appropriate game plan to ensure it doesn’t.
Do I need a divorce order to start separating property?
The conversations surrounding property division can begin anytime after a couple has decided to separate. However, the 12-month rule for married couples starts on the date the divorce order is final. For de facto couples, the two years beginning at the date of separation.
In Summary
Getting Support During the Property Settlement Process
Ending a relationship is never easy, and the division of assets can add a new level of stress to an already tense situation. When it comes to property settlement after divorce time limit, Australia has two different options available depending on the type of relationship one was involved in previously.
Although there are time limits in play that must be adhered to, nobody has to go through the process alone. Navigating the steps to fair and equal distribution of assets can be confusing and emotional, especially for those who haven’t gone through it before.
Taking the weight off of a person’s shoulders in these circumstances is what JJ Lawyers does best. With years of experience under our belts, our property settlement lawyers Sydney & divorce lawyers Sydney can go to bat and fight for what rightfully belongs to those we serve.
For more comprehensive breakdowns, see our dedicated law blog, where we tackle other pertinent and relevant legal topics, such as ‘What To Do If Your Ex-Husband Is Delaying Property Settlement’, ‘How To Find Out If Someone Has An AVO NSW? & More!
