Am I out of time for a property settlement?

Like a lot of areas of law, there are certain limitation periods that apply for bringing an application for a property settlement in Family Law.

Time limits for married couples

For married couples, the limitation date for bringing an application for a property settlement is 12 months after the date of a divorce order. It is important to keep in mind that you must have been separated for 12 months before you are able to get a divorce. This means that you effectively have 2 years from the date of separation to bring an application to alter property interests if you are quick to get that divorce order sorted, but the clock does not start ticking until the divorce order takes effect.

Time limits for de facto couples

For couples that were in a de facto relationship, the time limit for bringing an application for a property settlement is 2 years from the date of separation. This often leads to having to consider when did separation actually occur.

Miss the deadline?

While these time limits do exist, it may still possible to have a property settlement finalised even if you are out of time, by having the Court grant you “leave” to do so. Essentially, leave is the Court giving you permission to bring the application after the time limit has passed. Court’s permission.

The Court has the power to grant parties leave to file an application for a property settlement out of time under section 44(6) of the Family Law Act. The Court may grant leave if it is satisfied that it would cause the party or a child to suffer hardship if they did not do so.

Think you might have missed the time for a property settlement? You should immediately discuss this with our family law team to obtain advice specifically to your situation.

You can contact our Family Law team by phoning 03 5445 1000.