Property settlement time limits after divorce in Australia
Married couples have 12 months from the date the divorce order takes effect to apply for property settlement orders (section 44(3) Family Law Act 1975). De facto couples have two years from the date of separation (section 44(5)). Missing these deadlines does not permanently bar a claim, but you need the court's leave (permission) to proceed out of time, and leave is discretionary — the court considers whether hardship would result and whether there is a reasonable explanation for the delay.
The 12-month rule for married couples
The 12-month period runs from the date the divorce order takes effect — which is one month and one day after the divorce order is made (section 55 Family Law Act 1975). So from the divorce hearing, you effectively have about 13 months. Applications for consent orders within time are routine. Applications for contested property orders should be filed well within the deadline to allow for case management.
The 2-year rule for de facto couples
De facto couples must apply within two years of separation (section 44(5)). The separation date for de facto couples can be disputed — unlike divorce, there is no court order marking the end of the relationship. Establishing the separation date often requires evidence of when cohabitation ended, finances were separated, and the relationship was communicated as over to others.
Applying out of time
If you miss the deadline, you must apply for leave under section 44(4) (married) or section 44(6) (de facto). The court considers: whether hardship would be caused to either party; whether there is a satisfactory explanation for the delay; and the strength of the claim. Leave is not automatic, but courts do grant it where the applicant has a genuine claim and a reasonable explanation.
Common issues
- The deadline runs from when the divorce order takes effect, not when it is made — there is a one-month gap
- Consent orders filed within time are the safest approach — do not rely on out-of-time leave applications
- De facto separation dates can be disputed — document the separation clearly to avoid arguments later
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