When a couple is going through a divorce, they need to be aware that there are certain time limits that apply to the process, and especially to the matter of property settlements.
Such is the importance of complying with those time limits, when you first meet with your family lawyer, one of the first things they are likely to ask you is the date that you and your partner separated.
This just one of the many important dates related to divorce and it is understandable why couples get confused, and in many cases compromise the whole process by missing deadlines they did not realise existed.
This is just another reason why it is important to employ a family lawyer as soon you separate as they will not only know what time limits apply, but they can also keep track of them for you.
Where different time scales apply to divorce is with regards to whether a couple is married or are in a de facto relationship. This is especially the case for agreeing to some of the crucial financial matters such as property settlements and spousal support.
For a married coupled getting divorced the time limit that applies is 12 months for an agreement to be made and for a property settlement application to be made to the court. If they pass the 12 month period, the couple can still make an application, but must also be able to show the court that they would suffer hardship if the claim is not heard.
To be allowed a time extension both parties need to explain to the court why they have been delayed and provide reasonable causes other than the fact they just forgot about the date.
Causes could be delays in being able to collate all of the financial information and data required, or possibly a personal issue such as a serious illness.
As for the issue relating to hardship, this needs to be more than a frivolous claim, In other words, just saying that you can only afford one holiday a year instead of two will be thrown out of court.
Hardship means that there is genuine concern about core finances relating to the home such as paying for essential bills and food, and with regards to caring for children.
Whilst a married couple has 12 months within which they have to agree on a property settlement when it comes to a couple in a de facto relationship, the period is doubled to 24 months. The countdown clock on those 24 months begins from the date that the couple separate.
Regardless of how long they have to agree to a property settlement, it does not always mean that they will be able to. Not because they do not have enough time, but due to the fact that one or other party is digging their heels in and refusing to give an inch in the negotiations.
It is understandable that they want to get the best possible settlement for themselves but taking an entrenched position where no matter how reasonable the proposal the respective family lawyers have negotiated the answer is still ‘No’, is not sustainable.
A property agreement, whether negotiated within the time limit, or whether ordered by the court, must always follow the principle that it is ‘just and equitable’. That means holding out for the lion’s share, is unlikely to be a position that can be maintained, simply because it will not be seen in the eyes of the family court as just and equitable.
