Separation does not always bring an immediate end to relationship property issues. Whether your ex can still make a claim, or revisit matters after they have been resolved, depends on several factors, including how long ago the relationship ended and whether relationship property was formally dealt with.
How Long Does Your Ex Have to Make a Relationship Property Claim?
A common misconception is that a former partner can bring a relationship property claim at any time. In reality, the Property (Relationships) Act 1976 imposes time limits within which claims must generally be made.
The applicable timeframe depends on the circumstances of the relationship. For example, different considerations may apply where a de facto relationship ended on separation, compared with a marriage or civil union where the parties later divorced.
Importantly, the expiry of a limitation period does not necessarily mean a claim is barred forever. In some circumstances, the Court has discretion to permit a claim to proceed out of time. Whether that discretion will be exercised depends on the particular facts of the case.
What is clear, however, is that repeated demands, threats of proceedings, or ongoing arguments between former partners do not automatically stop or restart the relevant limitation period.
If your ex is threatening legal action years after separation, one of the first questions to consider is whether any relationship property claim remains available and, if so, whether it has been brought within the required timeframe.
You’ve Divided Everything Up. Is It Really Final?
The answer often depends on how relationship property matters were resolved in the first place.
Many separating couples divide assets informally. One person keeps the house, another retains savings or investments, and both move on with their lives. While that may feel like a final resolution, an informal division of assets does not necessarily prevent a future relationship property claim.
By contrast, where parties enter into a properly prepared and executed separation agreement that complies with the requirements of the Property (Relationships) Act 1976, the intention is ordinarily to achieve finality. Likewise, where the Court has determined relationship property matters and made orders, parties will generally be prevented from simply re-litigating the same issues because they later become dissatisfied with the outcome.
That said, finality is not absolute. In limited circumstances, a relationship property agreement may be challenged or set aside by the Court. Examples can include situations involving inadequate disclosure of assets or liabilities, concerns regarding the circumstances in which a relationship property agreement was entered into, or where giving effect to the agreement would result in a serious injustice. Similarly, while Court orders carry significant finality, rights of appeal and other limited avenues of challenge may sometimes remain available.
The threshold for re-opening settled matters is generally a high one. A former partner cannot ordinarily revisit a settlement simply because they have changed their mind, later regret the agreement reached, or believe they could have negotiated a more favourable outcome.
In short, not all settlements are created equal. An informal division of assets may not prevent future claims. A properly executed separation agreement will usually provide significant protection and finality. A Court determination generally provides an even greater level of certainty. The position in each case, however, will depend on the particular facts and how relationship property issues were resolved.
The Real Questions
When a former partner continues to make demands years after separation, the key questions are often:
- Does a legal claim still exist?
- Has any limitation period expired?
- Were relationship property matters formally resolved?
- If they were, is there any basis for those arrangements to be challenged?
The answers will differ from case to case.
If you are receiving ongoing threats from an ex-partner, are concerned about whether a claim can still be brought, or are unsure whether previous arrangements are legally binding, obtaining advice on your specific circumstances can provide clarity and peace of mind.
Need Advice?
Separation is difficult enough without wondering whether relationship property issues might re-emerge months or years later.
Sam Douglas and Isaac Whatnall of Foley Douglas regularly assist clients to navigate relationship property matters, negotiate settlements, and formalise outcomes in a way that provides certainty and minimises the risk of future disputes.
Their focus is on achieving practical and durable resolutions, helping clients draw a line under relationship property issues and move forward with confidence.
To discuss your situation, contact the Foley Douglas team.
