A separated couple needs to figure out ways to reach property settlement. It often becomes complicated to arrive at a conclusion when it comes to property settlement for a divorce. A lot of arguments take place when a couple attempts to sit down for property settlement. But it has to be done to ensure that an ex-spouse will not come chasing after a property at a later point in time.
Moreover, property settlement depends on many factors, such as if a couple has children or not. This property settlement has to be done within a stipulated time, and Property settlement lawyers can help you out. If you miss the time limit, it leads to a lot of problems. So, let us know about the time limit and what can be done if you miss the deadline.
Time Limit For Married Couples
A married couple needs to apply for property settlement within 12 months. This window of 12 months begins from the date the divorce is finalized. You could be separated for a long time. But the time limit will not be applicable unless your divorce is final. It would help if you initiated discussions about property adjustments before your divorce is final. This ensures that the time limit for filing a property settlement application can be followed.
You will have to be separated for at least 12 months before filing for divorce. You can start talking about property adjustments in that period. Your divorce doesn’t need to become final to begin negotiations with your spouse. Sometimes, a couple does not engage in negotiations, leading to the two partners not being on the same page. In such instances, rental property eviction notices might have to be sent to a non-compliant partner.
Time Limit For De Facto Relationships
A couple is not legally married in a de facto relationship. But in such a relationship, a couple usually lives together. A relationship is considered de facto when a couple has been living together for two years or more. It needs to have some financial interdependence between the couple. And if you have any children in that relationship, that factor will alone suffice for a de facto relationship.
A de facto relationship can exist between same sex partners or different sexes. It is valid even when one of the partners is married to someone else. The question of when did a de facto couple separate is significant. It is because the property settlement time limit is based on the separation date. A de facto couple can file a property settlement application within two years of the separation. According to landlord and tenant law, a breach of an agreement between the two de facto partners can result in legal proceedings.
What Can Be Done IF You Miss The Time Limit
If you miss the time limit, it can be challenging to make property settlements. It is possible, but the process is lengthy. If you miss the time limit, you will have to make a special application to the court. The application for hearing a matter out of time can be heard only in some special circumstances. However, these applications do not get approved easily. You need to convince the court that it will be detrimental for you if property settlement is not done. Then only your application will be granted.
An application to hear your property matter of time can only be done if your partner agrees. A joint application needs to be made. But it is the discretion of the court if your application will be accepted or not. You can always opt for out of court settlements with your partner. You and your partner can engage in private negotiations about your partner. You can discuss the potential division of assets. Remember to make balanced and fair proposals.
Negotiations can also be done by involving Divorce lawyers. This is usually done when the two parties are not comfortable discussing possible settlements on their own. In such instances, the representatives of both parties would engage in discussions and make a fair deal. Arbitration can also be chosen as a voluntary method to settle property disputes.
But property settlements done in courts have many benefits. It is the quickest way for property settlements. An out of court settlement can be a time-consuming process. Moreover, court settlements are cheaper than any other method you might think of choosing. You will have less stress to deal with when your property settlement is handled in court.
ConclusionIt is essential for a divorced couple to stick to the time limit to reach property settlements. Married couples can start negotiations before the divorce is finalized. But a time limit of 12 months will be applicable from the date of the divorce. For de facto relationships, the deadline is two years from the date of separation. So, with this useful information and assistance from the top divorce lawyers perth ,property settlement after divorce will be easy and hassle-free for you.
