In Australia, there are certain time restrictions for when a party can make a claim for property settlement.
For married couples, a party must file an application for financial orders for property adjustment or spousal maintenance within 12 months of their divorce order becoming final.
For example, if your divorce order became effective on 1 June 2020, you would need to commence proceedings before 2 June 2021.
If, however, the parties have not yet filed for divorce, then parties can commence property settlement proceedings at any time. Keeping in mind however, that it is beneficial for both parties to resolve their property matters soon after separation.
In a de facto relationship, a party will need to commence proceedings within 2 years from the date of separation. Therefore, if separation occurred on 1 June 2020, you will need to commence proceedings before 2 June 2022.
The Court will only grant leave to apply outside of the required time period in special circumstances.
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