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How long do I have to make a property claim after separation?

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For married couples, you have 12 months from the date your divorce is finalised to apply to the court for property orders. For de facto couples, the time limit is 2 years from the date of separation. After these deadlines, you need the court's permission to proceed, which is only granted in exceptional circumstances. This is why it is important to address the property settlement promptly - even if the emotional side is still raw.

What counts as the date of separation?

The date of separation is when one party communicates that the relationship is over. Couples can be legally separated while still living in the same house if they have stopped functioning as a couple. The date matters because it starts the clock on time limits for property claims and can affect how contributions are assessed.

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Separation finance timeline Property settlement in SA

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