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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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I was divorced in 1992 and have never re married. I did not

Customer Question

I was divorced in 1992 and have never re married. I did not receive any part of my xhubands super annuation. Am I still entitled to some?
Submitted: 5 months ago.
Category: Australia Law
Expert:  Patrick H. replied 5 months ago.
Hello,If there was no settlement at all and your husband's assets were very substantial, including superannuation, then you might still be able to bring a claim out of time, but you will need a good explanation as to why you are late.If the super was only a modest amount at the time and/or you received some settlement out of other assets, then unfortunately it is unlikely the family court would grant you leave to bring a claim after such a long amount of time.Essentially leave is only granted for a late application for property orders if the court is satisfied it would be unjust to deny the request, and given you are talking about bringing a claim 24 years after your divorce, a court would take some persuading to grant such leave.I trust the above assists.Please rate my answer.Patrick