Following separation from your spouse, you should seek legal advice in relation to a property settlement.
You can finalise property settlement any time following separation.
There are time limits for applying to the court for property orders, if you are unable to reach an agreement.
- Defacto relationships – apply within 2 years from the date of separation.
- Marriages – apply within one year from the date the divorce becomes final.
Even if you are able to reach an agreement with your former spouse about property division, you should seek legal advice. We can advise you whether the agreement you have reached is fair and equitable.
We can assist you to prepare documents to seek Consent Orders from the Court, without you or your spouse needing to attend court.
Unless orders are made by the court, your agreement is not legally binding or enforceable if the other party does not honour the agreement.
There are various options available to try to resolve property matters with your former spouse.
We can assist by negotiating with the other party or their solicitors.
It is important to remember that time limits apply. Seek legal advice as soon as possible.