Can My Ex Claim Money After Divorce?
To determine if your ex can claim money after divorce, it is important to understand how property settlements differ from divorce proceedings.
Property Settlement vs Divorce
Property settlement and divorce are not the same; however, both can occur following the breakdown of a marriage.
Property settlement by Court Orders may occur before or after a divorce. The Family Law Act imposes limitations on parties needing orders for property division. The limitation is 1 year from the date of a divorce order taking effect or 2 years from the date of separation (de facto couples).
Alternatively, property settlement can be reached by agreement without Court involvement by the parties entering into a Financial Agreement, which is commonly known as a Binding Financial Agreement (‘BFA’), either during a marriage or after a divorce order is made.
If you and your ex informally agree to a property settlement not formalised by way of Court Orders or a valid BFA, either party may make a claim against the other for property settlement.
When Can a BFA Be Set Aside?
Importantly, a BFA may be set aside in certain circumstances, including, but not limited to:
- The BFA was obtained by fraud;
- A material matter was not disclosed in the BFA;
- There has been a material change in circumstances since the BFA was entered into relating to the care, welfare and development of a child of the marriage;
- The BFA is void or unenforceable; or
- A party has engaged in ‘unconscionable’ or deceptive conduct with the BFA.
From 10 June 2025, the Court must also consider whether financial control, manipulation, or power imbalance contributed to the agreement being unjust, particularly where economic abuse or coercion is alleged.
Therefore, if you and your ex divorced less than 12 months ago but have not finalised property settlement by way of Court Orders, or if you and your ex entered into a BFA but it has been set aside for a valid reason, it may be possible for you or your ex to make a claim against the other for property settlement.
Claiming Money after Divorce
In short, you or your ex may claim money (or property) after divorce from the other if:
1. You did not finalise the property settlement before the time limits
If you and your ex did not finalise outstanding property matters before the time limits (1 year from the date of a divorce order or 2 years from the date of separation) by obtaining Court Orders or a BFA, either you or your ex may apply to the Court for property orders.
If granted leave to apply out of time, the Court will assess your current financial circumstances and any hardship or disadvantage caused by the delay. This may include an assessment of whether one party deliberately delayed or withheld settlement to gain financial control.
2. Your agreement about property settlement was not formalised by Court Orders or a BFA
If only an informal agreement was reached concerning the property settlement (for example, an oral agreement), either party may apply to the Court for a property settlement.
Under the post-2025 reforms, the Court may more closely examine the fairness of informal settlements, particularly where one party was vulnerable or unaware of their entitlements.
3. You entered into a BFA but believe there are reasons to have it set aside
If you believe a BFA should be set aside, seek legal advice. If successful in satisfying the Court to set aside a BFA, likely, the Court will also permit an application for property settlement to be made ‘out of time’.
If successful in setting aside the BFA, the Court is more likely to allow a property settlement application to proceed out of time, particularly if the BFA disadvantaged a party who lacked financial literacy, was misled, or was economically dependent.
4. You and your ex obtained property orders by consent, but circumstances exist that allow a party to appeal those orders
For example, if there was fraud, mistake, fresh evidence, or the absence of jurisdiction which has led to a ‘miscarriage of justice’, it may be possible to appeal the Court Orders and make a fresh application for property settlement, even though it may be out of time.
Post-2025, this may include circumstances involving economic abuse, or where one party concealed key financial information in breach of their statutory duty of disclosure.
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Related Blog – What is my partner entitled to in a Divorce?
