Legal Question in Family Law in Australia
divorce settlement
my wife @ I divorced 5 years ago. we have 3 children 5 9 @ 12y.o. at the time we mutually ageed she take 90% of everything and bring up the children. since then I have purchased acreage and heard she may claim against me. can she do this after so long . I dont pay her maintainance. regards tom
1 Answer from Attorneys
Re: divorce settlement
A limitation period applies 1 year after divorce for property settlement and spousal maintenance but it is not 100%.
A party can get leave out of time if they can show "hardship", which is relative. "Hardship" might be demonstrated if she says that you have paid no child support post-separationa dn that she's done it tough.
The property included in the pool could be property accumulated post-separation. It could also be that your ex-wife could pursue you about child support. In short, get advice!