Property Division Dispute
The client, based in New South Wales, has separated from her spouse and is having challenges in communicating regarding the sale and division of their shared assets following the separation. The absence of response from her spouse is complicating the resolution of their property division issues. The legal matters involve Family Law and Property Division related to the separation. The client has started discussions to look for potential solutions to these challenges.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take if my spouse is unresponsive about dividing our assets?
If your spouse is unresponsive, you can begin the property settlement process by sending a formal communication outlining your proposal for asset division. If there is still no response, consider applying for mediation through a Family Dispute Resolution (FDR) service, which is often necessary before proceeding to court. If mediation is unsuccessful or unfeasible, you can apply to the Family Court for property orders. Engaging a family solicitor for tailored advice might be beneficial.
How does the Family Court process work in relation to property division after separation?
In Australia, the Family Court process for property division after separation consists of several steps. Initially, parties are encouraged to negotiate or mediate to reach an agreement. If this fails, an application for property orders can be filed with the Family Court. The Court assesses the situation through a four-step process: identifying and valuing assets and liabilities, assessing contributions from each party, evaluating future needs, and determining a fair property division.
Are there any interim measures I can take to protect my financial interests while waiting for a resolution?
To protect your financial interests while awaiting a resolution, consider updating joint account access to require consent for withdrawals. Securely store financial records and documentation related to assets. Ensure your income is directed to accounts solely in your name to prevent unauthorized access. Applying for interim spousal maintenance for financial support may also be helpful.
What is the time limit for applying for property orders after separation or divorce?
In Australia, if you were married, you must apply for property settlement orders within 12 months of your divorce being finalized. For de facto relationships, the application must occur within two years of the relationship ending. It’s essential to act within these timelines unless the court grants permission to file late, which is typically allowed only in exceptional situations.
How will the court likely assess the value and division of our assets?
The Family Court will assess the value and division of assets considering factors such as asset and financial resource values, contributions from each party, and future needs. The aim is a just and equitable distribution, which may not mean an equal split. The court may appoint a valuer to determine the current market value of the assets.
