Property Settlement After Separation Time Limit 

Going through a divorce or separation is a difficult and emotionally draining process and is rarely straight forward.

While it’s quite natural to take the time to process everything, there can be pressure on parties to a separation to deal with the major details of a property settlement, which will involve the difficult decision of dividing assets, and varied liabilities between both separating parties in a specific time frame.

Many couples going through a separation may not be aware that there are strict time limitations, these can be especially difficult to keep track of when going through a very stressful time with so many moving parts of the settlement proceedings.

If you don’t make a property settlement claim in a timely manner, you may not be able to get the property and assets you’re entitled to.

Our experienced best property settlement family lawyers can help support you by making sure you meet the time limitation periods, assist you with documentation and legal requirements, understanding your rights and obligations so your interests are completely protected.

Time Limitations During a Divorce

In Australia, for divorcing or separating couples, there are very strict time limitations for both married couples and de facto relationships.

Married Couples :

You have 12 months to submit a property settlement application to the Federal Circuit and Family Court of Australia. The clock starts ticking from the date your divorce becomes final.

Important Note : This deadline is applicable regardless of how long you were apart from your partner prior to the divorce being finalised. The 12-month clock won’t start until your divorce orders take effect, even if you have been living apart for years.

De facto Couples :

The regulations for de facto relationships are different. The time limit for property settlement must be submitted no later than 2 years after the date of separation.

Since there might not be a specific date of separation like there is with a divorce order for married couples, that can occasionally be more difficult to ascertain.

Our top-rated same sex divorce lawyers can help support you, especially when a property settlement becomes complex.

Trying to file out of Time :

In certain cases, the Court may consider an Application brought out of time. In order to be successful in such an Application, you would need to provide the Court with evidence that if they do not accept your Application out of time, that you would suffer hardship.

When determining whether to approve a late application, the court will take into account a number of considerations, including :

The cause of the delay

Any hardships either party might have experienced in the event that the application was declined

The validity of the applicant’s case

Whether the delay has been prejudiced by the delay

The court has the final say in this matter and there is no guarantee that a late application will be accepted.

To minimise the uncertainties and expenses involved in requesting the court’s approval for a late application, it is always preferable to file within the time limit. You may find this resource on affidavit for efiling applications helpful.

Is it Necessary to Have a Property Settlement After Separation?

While it’s not required by law, it’s strongly advised to have a formal property settlement following a separation.

A legal property settlement gives your financial relationship with your ex partner clarity and closure.

Even years after separation, either party may eventually make a claim to the other’s assets in the absence of a formal settlement. Long term financial instability and any potential legal issues may result from this. Additionally, a formal property settlement gives you the ability to:

Clearly specify who is entitled to assets and liabilities

Split your superannuation if required

Receive certain tax benefits

Important Note : In most situations you may be able to transfer property without paying stamp duty. 

Resources :

For more information on if my ex is delaying property settlement, please visit our valuable resource at our blog, you can also find more information on how assets are divided after divorce.

Superannuation

Under the Family Law Act of 1975, superannuation is considered property and can be shared between married and de facto partners in a property settlement.

Superannuation is treated as a distinct type of property. It remains subject to superannuation laws even after splitting; for instance, it is often held until retirement ages are reached.

Splitting superannuation involves :

1.Valuing the superannuation interest, with accurate valuations are necessary, and may certain forms to be completed and information from your superannuation fund.

2.Making the decision as to how to divide superannuation fairly pursuant to the considerations of family law such as contributions and future requirements of both parties

3.A formal agreement or a court order may be used to implement a split agreement of funds

Important Note : When superannuation is divided, the money is typically moved into a superannuation account, and kept there until a condition of release is completed, such as reaching retirement age.

Resource :

For further information on this you can see more detailed resources at The Federal Circuit and Family Court of Australia’s about family law and superannuation.