Family Law Property

Property Settlement

You can make a property settlement application as soon as you separate, before proceeding to a divorce. There have been situations where parties have re-united even after a property settlement.

Once you divorce from your spouse you must make a property settlement application within 12 months of the date of your divorce.  The Court will give permission to make this application more than 12 months from the date of the divorce but you must have some very specific reasons for seeking this permission.

When making judgements about property, the Court will have to consider things like the length of the marriage, the contribution to the marriage of both parties and the period of responsibility for children to be borne by the parent with whom the children will live.

If you can reach agreement a Binding Financial Agreement prepared by a solicitor for one of the parties, signed by each party and cointaining certificates of independent advice signed by each solicitor. Binding financial agreements do not have to be approved by a court and can be a more economical method of achieving a desired result.