Legal Question in Family Law in Australia

Property settlement after divorce

In Australia, after a divorce has taken place and a number of years has passed since the settlement of the divorce, is one of the divorcees able to come back and request 50% of the value of the property that the former couple once occupied together? Even when the other divorcee bought the home prior to marriage and is the main financial support and sole caregiver of the children from the marriage?


Asked on 8/08/06, 5:49 am

1 Answer from Attorneys
Bruce Provan Harrington Family Lawyers

Re: Property settlement after divorce

If there has been no property settlement then one party to the marriage can seek 50% of the matrimonial property even after divorce. However if it has been more than 12 months since the divorce they can only do so if they obtain the leave of the court and can show hardship. On the facts given it is unlikely they would be entitled to 50%.

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Answered on 8/08/06, 7:01 pm


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