Asset Division Inquiry
The client separated from their partner approximately three years ago and is concerned about the division of assets. The partner has retained ownership of the house, cars, and other belongings. They share two children with their ex-partner and have faced difficulties due to financial and emotional abuse, which has impacted their ability to pursue a property settlement earlier. The client seeks guidance on their options for pursuing a property settlement at this point.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I still apply for a property settlement despite the three-year gap since separation?
Yes, you can still apply for a property settlement despite the three-year gap. Under the Family Law Act 1975, you generally have up to 12 months from the date your divorce becomes final to apply for a property settlement. For those who have not divorced, this time limit may not yet apply. However, since it's been three years since separation, you would likely need to seek the court's permission to file out of time. The court may allow an extension if there are compelling reasons, such as financial or emotional abuse. Consulting a solicitor would be advisable to understand your options and strengthen your case.
What are the time limitations for initiating a property settlement in South Australia?
In South Australia, the time limitation for initiating a property settlement following separation is generally within 12 months of a divorce for married couples, and within 2 years after the end of a de facto relationship. Since you mentioned a three-year separation, it's important to verify whether the divorce has been finalised or if you qualify for an exemption. You may still apply for a property settlement outside these timeframes with court permission, often granted if there are compelling reasons like financial and emotional abuse.
How does financial and emotional abuse impact property settlement agreements?
Financial and emotional abuse can significantly influence property settlement negotiations. The Family Law Act 1975 considers overall circumstances when deciding a fair division of assets, and abuse can impact contributions and future needs. If abuse hindered your ability to work or manage finances, the court might take this into account when assessing contributions.
What steps should I take to gather evidence of financial and emotional abuse for my case?
To gather evidence of financial and emotional abuse, maintain a detailed diary of incidents, noting dates and descriptions. Collect documents indicating abusive behaviour, such as messages or emails. Witness statements from those who observed the abuse can also be valuable. Financial records showing control or deprivation, and reports from professionals can further substantiate your claims.
Will the division of assets change if my ex-partner retains all possessions, including the house and cars?
The division of assets is determined by the Family Law Act 1975, considering factors like contributions and future needs. Even if your ex-partner retains all possessions, the court will assess contributions made by both parties during the relationship when determining a fair property settlement.
