Property Settlement After Divorce

Property Settlement after Divorce

Property settlement – if you haven’t had a property settlement before your divorce, you need to get it done, or at least started in a court, within 12 months of your divorce.

Although the Family Law Act allows people to ask for permission to have a property settlement outside this time limit, it is rarely given and should never be relied on in substitution for getting your property settlement done before this time limit expires.

The first step is to get sound legal advice from someone who specialises in family law, like Freedom Law.

Your lawyer will then gather all the necessary details and evidence to advise you about an offer of property settlement that could be made to the other party in the interests of avoiding having to get a court involved.

Once your lawyer makes this offer to the other party on your behalf, the usual period the offer is open is 14 days.

If the other party doesn’t accept your offer or doesn’t respond at all, your lawyer will then advise you about your only other option if you want to seek a property settlement – that is, by getting the court involved.

Sometimes this step is necessary to get the other party’s attention and to get them motivated and involved in dealing with property settlement. There is always opportunity to reach a property settlement agreement even after getting the court involved.

Whether you reach a property settlement by agreement, or by court, it needs to be properly drafted and documented by a lawyer who specialises in family law. This will ensure that your rights are protected, and that what was agreed or ordered to happen by way of property settlement, happens the way it was agreed or ordered.

If you have any questions about property settlement, Freedom Law are here to help.

Contact us today for a no obligation free consultation.


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