There may be a deadline for settling your property matters after a relationship breakdown, depending on the method. While binding financial agreements may be formed at any property settlement after separation time limit. Understanding how the deadlines affect your circumstances is important to ensure you can access the legal means to settle this critical family law matter.
Key takeaway
Spouses have within 12 months of their divorce being finalised to apply for property orders.
De facto couples have 2 years from their separation date to start property proceedings.
Contested property orders have deadlines for document service.
Starting your property settlement early can help ensure you’re able to access court orders.
Property settlement time limits at a glance
Requirement | Married couples | De facto couples |
|---|---|---|
Time limit | 12 months | 2 years |
Clock starts | Date the divorce order takes effect | Date the de facto relationship ended |
Legislation | Family Law Act 1975, s 44(3) | Family Law Act 1975, s 44(5) |
Late application by consent | Yes, s 44(3) | Yes, s 44(5) |
Late application by leave | Hardship test, s 44(4) | Hardship test, s 44(6) |
How long do you have to apply for property settlement after divorce?
Divorced spouses have 12 months from the date their divorce order takes effect to begin property settlement proceedings. A divorce order takes effect one month and one day after it is granted by the Court. Note that proceedings don’t have to be completed within the deadline. Property cases can take as long as two years or more to settle, depending on their complexity.
What does it mean to begin proceedings? It’s not enough to simply start filling out the application form. The countdown to the deadline stops ticking once the applicant submits the application to the Federal Circuit and Family Court of Australia (FCFCOA) through the Commonwealth Courts Portal.
What is the property settlement after separation time limit for de facto couples?
Parties in a de facto relationship can also apply for financial or property orders under the Family Law Act. Since de facto couples don’t get a divorce like married couples, their deadline is measured from their separation date instead. Separated couples have 2 years from the day they separate to start the legal process.
What counts as starting property settlement proceedings?
Property settlement proceedings start when an application is filed with the FCFCOA. Starting to fill out a form does not stop the clock.
If the parties disagree, file an Initiating Application (Family Law) through the Commonwealth Courts Portal, with the documents required by the FCFCOA Family Law Practice Direction: Financial proceedings, including a Genuine Steps Certificate and Financial Questionnaire.
If the parties agree, file an Application for Consent Orders (FCFCOA (Family Law) Rules 2021, r 10.04(4)).
Serve the application, after filing, an Initiating Application must be served on the other party within the time limits in Part 2.6 of the FCFCOA (Family Law) Rules 2021. A family lawyer can confirm the service date that applies to your matter.
Additional property settlement time limits to consider
The deadline to begin your application for financial orders may not be the only significant date to consider. If you’re seeking orders through a contested hearing, you’ll need to serve the application on your former partner.
The documents should be served no later than 28 days before the first hearing date if the other party is within Australia. If they’re outside Australia, they should be served no later than 42 days before the first hearing.
What happens if you miss the deadline
It’s important not to miss the deadline in a family law property case. While the family law courts can grant special permission to apply after the deadline, this only happens in limited circumstances. The FCFCOA may allow you to proceed if you show that not doing so would cause you or a child hardship. You might also need to show that there’s a good reason for the delay. Factors that the Court considers can include:
Whether there was any domestic or family violence.
If the other party had hidden assets or financial resources.
What the likely outcome of the settlement would be.
Whether granting leave would prejudice the other party.
Why should you start your property settlement early?
One of the most popular ways to divide a property pool is through a consent order. This is often the simplest method for many parties with affordable legal costs. Missing the deadline could make completing a property settlement more complicated. A good first step in making financial arrangements is to speak with a family lawyer. Professional support can help you in many ways, including:
Helping with financial disclosure, such as organising bank statements and other financial documents.
Assisting with property settlement dispute resolution to mediate any disagreements.
Pursuing other financial support, such as child support agreements.
Helping to clarify direct and indirect financial contributions and non-financial contributions.
Assessing whether a proposed order meets your future needs.
Do you need assistance with a family law property settlement?
If you’re seeking legal advice for financial matters or other family law proceedings, our team can help. Contact us today for a free initial consultation.
Disclaimer: This article provides general information only. It is not legal advice. Family law outcomes depend on your circumstances. You should speak with a family lawyer before making decisions about your matter.
