Claiming property after divorce

[DaleA76]

Hi just had a question:

Say that 2 people get divorced and they agreed between each other to divide their property and each both took their share. They came to this agreement with each other and both were happy. They didn't do consent orders in the court or anything. They just went their separate ways after divorce.

They have now been divorced for 8 years.

Can the other party (ex husband) now come back to claim the other one's assets?

What about if that person (ex husband) dies and they have a child from a previous marriage, can the child come back and try to claim the other's assets (wife)?

Also: Would it be different say if both people just divorced and never made any agreement?

Please let me know.

 

[AllForHer]

There's a 12-month time limit on applying for property settlement, so once that time has passed, they would need to seek leave of the Court to file an application (which is not often granted).

The child will not have any grounds on which to seek some entitlement from the former spouse, but they would be entitled to some part of the estate if the ex-husband is their father.

 

[DaleA76]

Also:

Would things be different if

There's a 12-month time limit on applying for property settlement, so once that time has passed, they would need to seek leave of the Court to file an application (which is not often granted).

The child will not have any grounds on which to seek some entitlement from the former spouse, but they would be entitled to some part of the estate if the ex-husband is their father.

Hi
Thanks so much for your reply!

So the child from previous marriage definitely couldn't get the wife's assets even if no formal property settlement in the event of death?

 

[AllForHer]

Is the child just the ex-husband's child? Not the ex-wife's as well?

The child will be entitled to some portion of the ex-husband's estate in the event of the ex-husband's death, but not the ex-wife's property/estate, whether living or deceased.

 

[DaleA76]

Is the child just the ex-husband's child? Not the ex-wife's as well?

The child will be entitled to some portion of the ex-husband's estate in the event of the ex-husband's death, but not the ex-wife's property/estate, whether living or deceased.

Hi,

The child is from a previous marriage, so not from the ex-wife but from the ex-ex-wife if you get what i mean.

Thanks!

 

[sammy01]

So your ex-step-son... yep? would have no claim on your stuff, not even close

 

[DaleA76]

Thanks so much for your replies @AllForHer @sammy01

What if the ex husband has a caveat on the property? Or does that extinguish on his death?

 

[AllForHer]

So, he's still got a legal interest in the ex-wife's property?

Best get legal advice. The ex-husband's estate may have a claim on a portion of the property.

 

[Rod]

Yep get legal advice. Looks like an application to court is needed to remove the caveat.