Certain time limits apply for bringing a property dispute to the Family Court. The deadline for bringing a property application by your divorce lawyer is either:
- If you were married, 12 months after a divorce order has taken effect,
- If you were not married, 2 years after your separation as a de facto couple.
Accordingly, it can be a good idea to keep a record of the date of your divorce or separation and set a reminder a few weeks before the deadline.
If you want to make an application for property after the deadline has passed, your divorce lawyer may be able to seek permission from the Court for an extension of time. The Court will not be able to grant you permission, unless it is satisfied that hardship would be caused to you or a child if the Court did not step in. Your divorce lawyer will also have to demonstrate a reason for the delay in bringing proceedings after the deadline. The Court will also consider the length of your delay in making you claim.
An application that is “Out of Time” often involves complex family law. Decisions are made on a case by case basis with regard to the specific circumstances of the case. It is therefore imperative to seek timely legal advice from a divorce lawyer on the prospects of the success of your matter before you file an application to the Family Court.
For more information, visit our page on Property Settlement.
For advice about Time Limits in Property Settlements contact us on 1800 300 170 or email us at famlaw@matthewsfolbigg.com.au
Disclaimer
Family law situations can be complex and sometimes they can involve serious issues. Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.
