It is important to remember that the deadline for approaching the court for a property settlement is 12 months after the divorce is granted by the court. There are exceptions and that is if the Court itself grants leave to apply “out if time” or your former spouse consents.
When considering a financial settlement you need to identify the issues and explore options for settlement. One of the most important aspects when getting ready to work out a financial settlement is to make disclosure of your financial position to your former spouse. This means providing copies of tax returns and bank statements and even having any real estate valued or an estimate of value obtained. If your wife’s/husband’s lawyer wants copies of my tax returns you must give them to her/him. You have a duty to provide your spouse with full and frank disclosure of your financial position.
We will help you genuinely try and resolve the matter and if necessary engage with a mediator. Divorce mediation should always be considered as the preferred option compared to going to the Family Court or the Federal Circuit Court. If you, and your spouse, can work out a fair settlement we can prepare a consent application to the court and the court can make orders without either of you having to physically go to court. Only after we have exhausted settlement options we will take your matter to court for you.