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My husband has filed for divorce. We have been separated…

Customer Question
My husband has filed...

My husband has filed for divorce. We have been separated since 2004 I just want to know is it too late to ask for anything from him like splitting his super or any other monies

Lawyer's Assistant: What steps has your husband taken? Has he filed any papers in family court?

Yes he has he lives in Western Australia and I live in Queensland

Lawyer's Assistant: Has he talked to a lawyer about this yet?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

His lawyers has sent me the divorce papers I really don't know what to do I'm unemployed and cannot afford a Lawyer

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/19/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,309
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 4 months ago

yes the claim will be out of time unless there are special circumstances.

does this answer your important question today ?

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Solicitor: John Melis, Lawyer replied 4 months ago

your claim will only be out of time where the divorce is final

if the divorce is not final and 12 months after the divorce has not passed, you can still then make a claim.

The matter can be settled amicably or through the courts.

in both situations the matter is looked at in the following manner

Where the court makes alteration of property interests under section 79 of the Family Law Act 1975, the court will usually take into account four facts. [1] The court will assess the extent of the property of the parties and determine its value. [2] The court will consider what contributions have been made by the parties, including direct and indirect contributions of a financial character and non-financial character, and contributions to the welfare of the family, including contributions as homemaker and parent. [3] The court will consider the circumstances which relate to the present and future needs of the parties and to their means, resources and earning capacity, actual and potential. [4] The court will consider the effects of points 1 to 3 and resolve what order is just and equitable in all the circumstances of the particular case. Alteration of property interests between separating couples is an emotional and stressful process and seeking help early is important.

This point applied to both situations, being amicably or through the court.

You have a legal right to make a claim.

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