The short answer

• Married couples: 12 months from the date your divorce order takes effect.
• De facto couples: two years from the date your relationship ended.

The same time limits apply to claims for spousal maintenance.

Married couples: the clock starts at divorce, not separation

For married couples, separation itself does not start the clock. The 12 months runs from when the divorce takes effect, which is one month and one day after the divorce order is made. Many people do not realise this, and apply for divorce without first dealing with property.

De facto couples: the clock starts at separation

For de facto couples, the two years runs from the date the relationship ended. Because the exact date of separation is sometimes disputed, it is wise not to leave things until close to the deadline.

What if you miss the deadline?

You can ask the court for permission (leave) to apply out of time, but it is not automatic. The court generally needs to be satisfied that hardship would be caused if leave was not granted, and will consider things like the reasons for the delay and whether the other party would be prejudiced.

Does a consent order or financial agreement have to be made within the time limit?

An application for consent orders filed after the deadline also needs the court’s permission. A binding financial agreement can be made at any time, but if it is later found not to be binding, the time limits may become a problem.

What to do now

If you have separated, get advice about property early, even if you are not ready to finalise it. Read more about property settlement, or contact us to discuss your situation.

This page is general information only and is not legal advice. Every family is different – please contact us for advice about your situation.