NSW Family Law - Property Settlement Delays

[Lynne]

My sister and brother in law were divorced Oct 2014. Just prior to that, my brother in law was slapped with an AVO and had to move out of the matrimonial home (jointly owned).The AVO was dismissed but he was advised no contact with ex wife.He is currently paying $500 a week rent, while she stays in the home with their 19 and 21 year old daughters. She wants to keep this home, but has so far had five different family law solicitors representing her. This has now ended up in the Federal Court and so far she has not secured another solicitor. This case has been going on for two years.

If she wants to keep the home, is there a time frame for her to arrange finance to buy him out and have property settlement? It appears that she is doing everything she can to stall this-they are due back in court in three months if mediation between the two parties fails again.

 

[Tracy B]

Hi Lynne,

Once an application has been made in court and court proceedings begun, there is no time frame for when it must be resolved. It depends on how long the court proceedings take (including appeals). However, if your sister is using stalling tactics and clearly wasting the court's (and your brother-in-law's) time and resources, the court will not look well on this and will likely slap her with costs, reprimand her, use her conduct against the case or deny her applications. I understand it is extremely frustrating when one party stalls, but your brother-in-law can claim his extra costs (including rent) as an increase in his ultimate share of the "shared asset pool". He'll just need to wait it out until the proceedings end.

If your brother-in-law has made reasonable settlement offers to your sister during proceedings, which she has refused, and at the end, she ends up in a worse-off position under the court's ruling, then she pay incur further costs for this.