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Be wary of time limits after separation and divorce

Once you are separated there are time limits for seeking assistance from the Court in property matters only.  Parenting matters can be bought to the court at any time.

If you are in a defacto relationship then you must attempt to finalise a property settlement with 2 years of separation.  With marriages the time limit is 12 months after divorce.  If you are outside of those limits and you need the assistance of the Court, you have to show that there would be hardship on you if the Court did not accept the application.

The Court can be quite strict in enforcing the time limits.

If you are approaching 12 months after your divorce or 2 years after separation and have not divided your property you should seek legal advice as soon as possible.  If you have not yet separated make sure that you communicate it to your partner.  The ending of a relationship requires intention, action and communication.

Financial settlements, children and divorce are very different processes.  Divorce is simply a certificate to say that you are no longer married.  In order to get a divoce you have to be separated for 12 months.  A divorce in itself does not make decisions in relation to the division of property or the children.  These are separate and distinct from the divorce.

There are also no set laws in relation to how property will be split between you both.  There are several factors to consider and 50-50 settlements are actually quite rare.  Some states in the USA have a 50-50 split rule but no such rules apply here.

Your property settlement is based on your contributions throughout the relationship both financial and non-financial among other factors.

It is always advisable to seek legal advice to determine what your rights are soon after separation.

Call our Family Law Team on (02) 4324 7699

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