You do not need to wait for your divorce to be finalised to make a property settlement. Property settlements are considered a separate legal matter when you are going through a divorce.
Our Melbourne family lawyers have extensive experience in negotiating property settlements. Your lawyer will help you formalise your division of property agreement in a legally binding way at the earliest opportunity.
The only way that a divorce impacts a property settlement is that a divorce will trigger a time limitation period, which if lapsed, can cause issues in making a court application for spousal maintenance or a property settlement. This time limit commences once the divorce order is final (which is one month and one day after the divorce application hearing date).
If 12 months has passed after your divorce is final and you have not yet agreed on a property settlement, you must obtain the court’s permission before you can file a court application.