A One Stop Shop for Family Law in Australia
Online Pubisher of Family Law Legal Information in Australia
Time frames as to whether you have spent enough time living together as an opposite sex or same sex de facto couple or whether the circumstances of your relationship mean you are in a de facto relationship, are detailed in our separate fact sheet in the de facto relationships section.
You can start talking about (and finalise) your property settlement as soon as you like after separation.
There is no minimum time frame which must elapse first and you do not have to wait for a divorce to occur.
Separation is traumatic and emotional which can mean some people will need more time than others before they are ready to consider financial and property settlement issues.
A maximum time limit does apply to spousal maintenance, property division and property settlement.
There must be an Application to the court for property settlement and/or spousal maintenance within:
An application to the court for leave to proceed with a property settlement outside the time limit will only be granted in limited circumstances.
If you are close to the time limit expiring, you should urgently seek legal advice to protect your rights, property, assets and entitlements.
Following a list of what you need to do can be very helpful. See our checklists:
If you have separated our fact sheet Separation: What you need to know & where to get free help is a must read.
Our fact sheet How does Separation & Relationship Breakdown affect my Will, family after your death, Superannuation & Life Insurance also contains important information.
If you own land, houses or buildings with your former spouse then you can read how that is affected in our fact sheet How does Separation & Relationship Breakdown affect Jointly Owned Property.
Michelle Beatty, Senior Lawyer
Other Questions answered in the Separation & Relationship Breakdown Section
You may republish our Fact Sheets in your website, newsletter, or book, on the condition that you agree to leave the article, author’s signature, and all links completely intact as well as make reference to the fact it is provided courtesy of:
"I don't want to
I need to know
where I stand."
"I can't afford
legal costs. I
need help to
do as much as
I can myself."