Separation rarely happens on a single, clean day. It’s a process — moving out, working out the children’s arrangements, figuring out finances — and somewhere in the middle of all that, property settlement often gets pushed to “later.” We understand why. But later has a deadline, and it’s one many people don’t find out about until it’s almost too late.
The deadlines, in plain English
Property settlement in Australia — for both married and de facto couples — is governed by the Family Law Act 1975 (Cth). Section 44 of that Act sets two separate time limits:
If you were married: you generally have 12 months from the date your divorce becomes final to apply to the court for a property settlement. Note that this is 12 months from your divorce order taking effect — not 12 months from separation. You can, however, apply for a settlement at any time after separation; you don’t need to wait for the divorce to be finalised.
If you were in a de facto relationship: you generally have 2 years from the date of separation to apply.
Miss either deadline, and you don’t automatically lose your rights — but you no longer have an unrestricted right to apply. You would need the other party’s consent, or the court’s leave, to proceed out of time, and the court will only grant that if it’s satisfied that hardship would be caused to you (or a child) if leave were refused. That’s a genuinely uncertain position to be negotiating from, and it’s entirely avoidable.
Why “we’ll sort it out eventually” is a risky plan
It’s common for former couples to reach an informal understanding — one person stays in the house, the other keeps certain assets, nothing is documented. That arrangement can feel fine for months, sometimes years. But informal arrangements aren’t legally binding, and they don’t stop the clock on your entitlement to formalise a proper settlement. If circumstances change — a new relationship, a business decision, superannuation you’d forgotten was even part of the pool — an informal handshake deal offers no protection.
Superannuation is a good example of something people often leave out of these conversations entirely, simply because it doesn’t feel like “property” in the traditional sense. It is — and it’s frequently one of the largest assets in the pool.
Formalising things doesn’t mean going to court
This is where we do things differently at Frigo James Legal. Formalising a property settlement — whether through Consent Orders or a Binding Financial Agreement — doesn’t require a courtroom battle. In fact, we lead with Alternative Dispute Resolution wherever it’s appropriate, because most property matters can be resolved through negotiation or mediation, faster and with far less cost and conflict than litigation.
If you’d like to understand how that process works for your situation, our articles on family law property settlement, divorce in Queensland, and de facto relationships go into more detail on each pathway.
Where to start
We offer a free 30-minute consultation for all new family law clients, so you can get a clear picture of where you stand — including whether any time limit applies to your circumstances — before committing to anything. Explore our family law services or our dedicated property settlement page for more on how we support clients through this process.
The sooner you get advice, the more options you have.
Book your free 30-minute consultation today: Get in touch with Frigo James Legal or call (07) 5621 3799.
