Divorce time limits in Australia
To apply for divorce in Australia, you must have been separated for at least 12 months and one day (section 48 Family Law Act 1975). There is no deadline to apply for divorce after separation — you can wait as long as you like. However, once a divorce order is made, you have only 12 months to apply for property settlement orders (section 44(3) Family Law Act 1975). After that 12-month window, you need the court's permission (leave) to proceed, which is not guaranteed.
The 12-month separation requirement
You must prove 12 months of continuous separation. Separation under one roof is possible (section 49(2) Family Law Act 1975) but requires additional evidence — a supporting affidavit from a third party who can confirm the separation arrangements. Brief reconciliation attempts of up to three months do not restart the clock (section 50).
Property settlement deadline
The 12-month deadline after divorce for property settlement applications (section 44(3)) is the most important time limit in family law. If you miss it, you must apply for leave (permission) under section 44(4), and the court considers whether hardship would be caused. Do not assume leave will be granted — it is discretionary. De facto couples have a two-year deadline from separation (section 44(5)).
How I track family law deadlines
I calculate and flag key deadlines for family law matters: the earliest divorce application date, the property settlement deadline after divorce, and any interim application dates. For family lawyers managing multiple matters, I provide a deadline dashboard that highlights upcoming time limits across your caseload.
Common issues
- The 12-month property settlement deadline after divorce catches many self-represented litigants unaware
- De facto couples have a 2-year deadline from separation for property claims — different from married couples
- Separation under one roof requires additional evidence — a bare assertion is not enough
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