Property Settlement Time Limit Calculator
Find out your deadline for applying for property settlement orders after divorce or separation in Australia.
Check your time limit
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Disclaimer: This calculator provides a general estimate only. Time limits may differ in certain circumstances, including where there are ongoing negotiations or Court proceedings. For advice specific to your situation, book a strategy call.
Time limits explained
Married couples
You have 12 months from the date your divorce order becomes final to apply for property settlement orders.
De facto couples
You have 2 years from the date of separation to apply for property settlement orders.
After the deadline
You can still apply with the Court's permission, but you need to show that failing to make an order would cause hardship.
Don't wait
Property settlement can take months to negotiate and formalise. Starting early gives you the best chance of reaching a fair outcome within the time limit.
Straight answers
Time limits, asked the way men ask them.
- How long after divorce can you claim property settlement?
- Twelve months from the day your divorce order takes effect. The clock runs from the divorce order, not from separation, which catches men who divorced quickly and left the property question sitting.
- What is the time limit for de facto property settlement?
- Two years from the date of separation. Pinning the separation date matters here: it is a question of fact, the two of you can genuinely disagree about it, and it decides when your window closes.
- What happens if the time limit has already passed?
- You can ask the court for permission to apply out of time. Permission is discretionary: the court looks at whether you or a child would suffer hardship without an order, and at the reasons for the delay. Some out-of-time applications succeed and some fail, so the honest move is to get advice on your facts quickly rather than assume either way.
- Can we agree on a property settlement without going to court?
- Yes, and most couples do. Consent orders or a binding financial agreement make the deal enforceable, and the same time limits apply to asking the court for orders if agreement breaks down. An informal handshake deal keeps neither of you safe.
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