Hi there. When people separate or divorce, they usually need to work out how to divide their property and debts. Sometimes people can reach a property agreement on their own, and other times they need the help of the court.

If you were married, you only have 12 months from the date your divorce becomes final to apply to the court for a property settlement. From the information you provided, it sounds like this date has already passed. If you did not apply within the time limit, it is possible to apply to the court for special permission to make a late application. Permission will not always be granted but if you have a legitimate reason for not making the application within the time limit, then you may have a reasonable chance of being allowed to make a late property settlement application.

If you are granted permission, the court will decide how to divide the assets and debts between you and your ex husband. There is no set formula used to divide your property, but the court will consider things such as the direct and indirect financial contributions of each party to the marriage, non-financial contributions, and the future needs of each spouse. The decision will be one that the court considers to be just and equitable based on the facts of your case.

However, if you are not granted permission by the court to make a late application, you still have the option of trying to negotiate a property settlement agreement with your ex husband, without involving the courts. Both you and your ex husband would need to be willing to negotiate the division of property and reach an agreement. Note that any agreement you reach may not be legally enforceable because it has not been created or sanctioned by the court. Family Relationships Online (www.familyrelationships.gov.au) offers free family dispute resolution services that may be of assistance.