Statutory Time Limits in Property Settlements
There are two (2) very important Statutory Time Limits in property settlements that are critical for family law matters which clients should be aware of.
These are summarised below:
- After a Divorce Order has been granted, parties have twelve (12) months from the date of the Divorce Order to commence Court proceedings seeking Orders for property settlement and/or spousal maintenance.
- Following the breakdown of a de facto relationship, parties have twenty-four (24) months from the date of separation to commence Court proceedings seeking Orders for Property Settlement and/or Spousal Maintenance.
Whilst leave to proceed out of time can be ordered by the Court, this is never guaranteed and is dependent on the particular circumstances of the matter including an assessment of the following considerations, amongst other things;
- The reason(s) for the delay;
- Whether there are children of the parties;
- Contributions made by the parties; and
- Whether prejudice or serious injustice will be caused to a party if leave is not granted.
The Court has to be satisfied that hardship will be caused to a party if leave to proceed is not Ordered. There is no set rule as to what defines hardship and this is determined by the Court on a case by case basis.
Don’t be caught out by statutory time limits! Ensure your rights are protected and contact the team at James Noble Law today to discuss your personal circumstances and any potential upcoming statutory time limits that may impact you and your property settlement.
Our Brisbane Family Lawyers are waiting for your phone call and to assist you and answer any queries you may have.
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