After a breakup, sorting out finances can feel overwhelming. Some people take time to grieve, others want to move on quickly. But here’s what many don’t realise:

There are legal time limits for finalising your property settlement—and if you miss them, things can get much more complicated.

This page explains what those deadlines are, why they matter, and what to do if you’re running out of time.

Time Limits at a Glance

Under Australian family law, these are the key deadlines:

• Married couples: You have 12 months from the date your divorce becomes final.

• De facto couples: You have 2 years from the date of separation.

These deadlines apply to property settlements and spousal maintenance claims.

Example:

Emma and Ben were married for 10 years. They got divorced in March 2023. Their deadline to sort out property and spousal maintenance is March 2024.

Anna and Lisa were in a de facto relationship. They separated in July 2022. Their deadline is July 2024—two years from their split.

What Happens If You Miss the Deadline?

You’ll need special permission from the Family Court to start a claim. This is called applying “out of time.”

But it’s not guaranteed. You must prove:

• You have a good reason for the delay

• The other person won’t be unfairly affected

• Your claim is still worth hearing

It’s harder, more stressful, and sometimes not allowed at all.

Why the Time Limit Matters (Even If You’re Not Going to Court)

Even if you’ve reached an informal agreement, it’s risky to leave things open. Without a formal settlement:

• Your ex could come back later and make a new claim

• You could miss out on your fair share

• Property values or debts might change in the meantime

Getting it finalised and legally recognised protects you both—now and in the future.

How to Protect Yourself

The best way to avoid deadline stress:

• Don’t delay—start talking about a property split early

• Use mediation or family dispute resolution if needed

• Lock it in with Consent Orders or a Binding Financial Agreement

Final Thought

You don’t have to rush into a decision—but you do need to act within the legal time limits. Missing the deadline can leave you exposed and uncertain.

At Aussie Divorce, we break down the process in plain English—so you can move forward with confidence and peace of mind.