For some, resolving financial issues as soon as possible after separation is a priority. If an agreement is struck, such agreement can be made enforceable by filing an Application for Consent Orders in the Family Court of Australia. If there is no consent as to how property is to be divided, there are time restraints to apply to the Court for financial orders.
For married couples, property settlement and spouse maintenance applications must be filed with the Court within 12 months of a Divorce Order taking effect. Whereas for de facto couple, an application must be filed within two years from the date of separation.
You may be able to file your application after the expiration of these time limitation periods, but you must first ask the Court for special permission to hear your dispute out of time. Permission to hear an application out of time is not always granted. Therefore, to ensure the Court will determine your matter, the necessary documents should be filed at Court prior to the relevant time limit date passing.
We can assist you in resolving your financial issues by way of consent orders. If no agreement can be reached, we are experienced in drafting the necessary court documents to commence litigation seeking the appropriate orders.