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If a couple separated for 2yrs sell property and split money…

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If a couple separated for...
If a couple separated for 2yrs sell property and split money 50/50 with no property settlement in place can one party go to court later and get more of the money or assets
?
Submitted: 8 years ago.Category: Australia Law
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6/27/2010
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
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No, there is a 24 month limit on bringing a claim after a break up for de facto's
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
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Customer reply replied 8 years ago

the couple have been married for 30yrs and have split savings ac and super fund ac which was in joint names now are spliting money from the sale of houses without doing a property settlement, can after this is done can she then go for a percentage of his assests that is his share from the above, or does this mean if she accepts half the money the court would look at that as her agreeing to having 50/50

 

Customer reply replied 8 years ago
<p>I was not happy with the information I received please answer my reply is it possible for someone who has accepted a 50/50 split with no property settlement able to go to the court and put in a claim for part of the other persons share?she has been given half of money invested and half the super, after accepting this does she have any come back on the other persons half?</p><p> </p><p> </p>
Customer reply replied 8 years ago
Relist: Inaccurate answer.
there was not enough information
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
If the couple is married for thirty years, then they have until 12 months after the divorce order is made to apply to the Court for property division orders.

As for the answer to this question:

[QUOTE] is it possible for someone who has accepted a 50/50 split with no property settlement able to go to the court and put in a claim for part of the other persons share?she has been given half of money invested and half the super, after accepting this does she have any come back on the other persons half? [/QUOTE]
She can if the 50/50 agreement was not written down properly, or if it was not contained in consent orders. Obviously you could tell the judge that she agreed to the 50/50 split and hope he dismisses the matter, but if you can't prove it - and its your word versus hers, then you may have a big problem here.
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