Time Limits in Family Law

Hello Everyone

I have been asked by a few people recently about the relevant time limits that apply at the end of a relationship and when applications to the court with respect to family law property matters need to be made.

There is a common misconception that you have to be separated for 12 months before you can “divide everything up”. This is not true, you can apply any time after you separate.

There are only three relevant time limits in family law proceedings. All time limits run from the date of separation.

There is no need to formally advise any institution that you have separated.

The day of separation will be deemed to be when one or both parties decide the relationship is at an end. Thus you can be separated notwithstanding that your relationship was brought to an end by the action or conduct of one only of you, and without the agreement of the other.

Further if you have the intent to separate you can be held to have separated and to have lived separately and apart notwithstanding that you have continued to live in the one house.

When you have been separated for 12 continuous months you can apply for a divorce. A Divorce ends your marriage - it does not divide your property.

Married couples can apply to the court at any time before they divorce or within one year after divorce for a property settlement if they can not agree on how to divide their assets.

Couples in de facto relationships must apply to the court within two years of the date of separation for the court to divide their property interests if they cannot agree.

Property matters do not have to be finalised within the time periods the applications just need to be filed.

Of course this means if you are married and you don’t file for divorce your former partner can make an application against you for property settlement many years after you separate. As a result it is always best and less complicated if you sever your financial relationship as soon as possible.

If you have any further queries please feel free to contact Nicola Watts directly at Septimus Jones & Lee on +61 3 9613 6555