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OUT OF TIME PROPERTY APPLICATION

2 March 2019/Uncategorized

Yesterday I appeared in the Federal Circuit Court in Sydney on a matter involving an 'out of time' property settlement.

In property proceedings, parties have a period of 12 months post divorce in which they are permitted to bring the matter before the court however leave can also be granted by the court under section 44(6) of the Family Law Act in circumstances of financial hardship to a party.

In the case yesterday, our client was divorced in 2014 and held jointly owned property with her former husband, however he had been unwilling to come to a financial agreement with our client despite her countless attempts to resolve the matter.

Seeking leave of the court under section 44(6) of the Family Law Act is a useful provision as it can bind a party to proceedings in circumstances where they may otherwise be unwilling to cooperate in resolving a financial dispute.

While a party can file an application under this section of the Family Law Act, the court must be satisfied that financial hardship would be caused to the party if leave were not granted;

In the court appearance yesterday submissions were made outlining the financial circumstances of the parties and the specific financial difficulties facing our client. Despite the parties being 3 1/2 years outside of the limitation period for property settlement matters, the judge found favour with our submissions and granted leave to hear the matter.

Our client was extremely happy with the court ruling and the matter is now in the court system, As the uncooperative former husband has finally been brought to heel, he will likely be motivated to resolve this matter.

Out of time issues are not uncommon in financial disputes as parties are often not aware of the limitation periods post separation in which a party may file an application with the courts should they not be able to come to an agreement.

For any advice on your family law matter or how any potential time limitations might apply to you, please message me here on Facebook or contact me on 04 1560 4593.

Matthew Buckley
Solicitor

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