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.
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Book a confidential chatWhat 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.
What happens if I miss the deadline for a property claim?
You can apply to the court for leave to file out of time, but approval is not guaranteed.
You must demonstrate that hardship would result if leave is not granted, and that it would be just and equitable to allow the late application. Courts consider factors including the reason for the delay and any prejudice to the other party.
Does the time limit start from separation or from divorce?
For married couples, 12 months from the date the divorce order takes effect. For de facto couples, 2 years from the date of separation.
These are different triggers. A married couple may separate years before divorcing, so the clock does not start until the divorce is finalised. For de facto couples, the clock starts at separation itself.
We are not just explaining the process. We arrange the actual finance: refinancing into your sole name, funding a partner buyout, or setting up a new loan independently after settlement. We work with a panel of over 60 lenders to find the one that fits your situation.
Once the legal side of your property settlement is resolved, the next step is usually a financial one. That is where we come in.
Jason and Steve also help clients with first home loans, refinancing, and investment lending at lendology.com.au.
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