How Long Do I Have to Apply for a Property Settlement?
Time limits apply to property settlements, so it’s important not to leave financial matters unresolved for too long.
For married couples, an application for a property settlement generally must be made within 12 months of your divorce becoming final. For de facto couples, the usual time limit is two years from the date of separation.
If these time limits expire, it may still be possible to seek permission from the Court to proceed, but this is not automatic. The Court will only grant permission in limited circumstances, and additional legal hurdles may apply.
Seeking legal advice early can help you understand your rights, preserve your options and avoid unnecessary complications. Even if you and your former partner are negotiating amicably, it’s generally advisable to formalise any agreement as soon as practical.
Every family law matter is different, and obtaining legal advice early can help you understand the relevant deadlines and determine the most appropriate way to finalise your property settlement.
For a broader understanding of the property settlement process, visit our Property Settlement page. If your separation also involves ending your marriage, read our Divorce Guide, which explains the process step by step.
Continue Reading
If you’d like to learn more about property settlement, divorce or other related family law topics, the following resources provide additional practical guidance.
- Property Settlement
- Divorce Guide
- Can I Reach a Property Settlement Before My Divorce Is Final?
- How Is Property Divided After Separation?
- Does Superannuation Form Part of a Property Settlement?
- Do I Have to Go to Court to Finalise a Property Settlement?
STILL HAVE QUESTIONS ABOUT PROPERTY SETTLEMENT?
Many property settlements can be resolved without going to Court, but every situation is different. If you need advice about your options or help negotiating an agreement, the experienced team at Hunter Family Law is here to help.