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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42661
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I av a family law issue, sa, no, ive been divorced for 3

Customer Question

i av a family law issue
JA: What state are you in? It matters because laws vary by location.
Customer: sa
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: ive been divorced for 3 years but still ac no roperty settlement
Submitted: 22 days ago.
Category: Australia Law
Expert:  Leon replied 22 days ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 22 days ago.

Good Morning.

Had an application with the Court been filed within 12 months from the date of the divorce?

Customer: replied 22 days ago.
no
Expert:  Leon replied 22 days ago.

I am sorry to say but you are out of time and you now have to seek the courts leave to file out of time if your ex will not agree.

You will need to file you application explaining why you are late and seeking the court allow it to proceed and the application for the property split.

You should have a solicitor assist you with this as it is not a simple matter.

Here is some information.

http://nicholeslaw.com.au/filing-a-property-allication-out-of-time/

Once you are granted leave you can proceed. The law will apply the following 4 steps

Step 1: Determine what the assets are and their value

This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.

Step 2: Determine what contributions you and your Husband made towards the assets.

This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.

Step 3: What are each of your future needs.

Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.

IF these things don't balance equally for each spouse, then an adjustment is made in the percentages.

Step 4: Make an order that is just and equitable between both spouses

If leave is not granted then things stay as the are.

I hope this make sense and is of assistance If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

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