How long do I have to file property proceedings after separation or divorce: Time limitations on property proceedings in Family Court

We get a lot of enquiries from clients about time limits regarding filling of the property proceedings in court. Time limits vary for married couple and people in de-facto relationships.

Section 44 of the Family Law Act 1975 provides that:

In the case of a marriage, parties have 12 months from the date of a divorce order within which they may file an application for property division. This makes the date of your divorce an important date to remember if you have not finalised division of property.

A de facto couple has 2 years from the date of separation within which they may file an application for property division. In this situation, your date of separation becomes an important date to note down if you have not finalised division of property.

If, in either of these scenarios, the prescribed time period has lapsed, and you require the court’s assistance on the division of property, you will need to seek leave of the court to proceed. It is then at the court’s discretion on whether to grant leave to proceed or not. You will need to show that you or a child will suffer hardship and that there was a reasonable explanation for the delay in making the application within the prescribed time.

If you would like to initiate property proceedings or would like advice on any Family Law matter you can get in touch with us by clicking here.