in any divorce case, the anxiety to get things done fast and easy is natural.
Everyone is tensed and the emotional turmoil is unavoidable. People all get excited on what will be the outcome of a once happy union, now the subject of divorce proceedings.
Then comes another controversial issue on the property proceedings and the delay and the effects that it might cause to the parties involved. Under the domestic laws of Australia, it is mandated that issues concerning this matter should never be delayed.
When couples decide to divorce, it does not only mean that they can easily move on to the next phase of their respective lives. They have to consider the issues surrounding their separation. Needless to state, one of the most urgent matters to be resolved is property rights of the spouses.
Thus, the term property settlement came about. This refers to a written agreement by a husband and wife for the division of their assets between them after the divorce.
The property settlement of the spouses can arise through agreement of the husband and wife which is subject to approval by the Federal Circuit Court. This involves the property or properties that the couple obtained either before marriage or during marriage. If there are any difficulties which may arise in the out-of-court property settlement process, it is best that a mediation service may be able to help in order to avoid delay.
Thus, one way to avoid delay in domestic cases is to proceed to mediation or an amicable settlement which is a type of dispute resolution. This where an independent person helps the spouses work through any disagreements concerning property issues or any related matter.
A spouse can apply for a property settlement at least 12 months has passed since the date of separation. But, when you are divorced, and you want the court to make orders, you can file an application for property orders within 12 months of your divorce.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.