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How long do you have to claim a property settlement?

There is a strict time limit to claim a property settlement in Australia. Enter one date and see exactly how much of your window is left.

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The time limit for property settlement in Australia

There is a strict deadline to apply for a property settlement after a relationship ends. If you were married, you have 12 months from the date your divorce order takes effect. If you were in a de facto relationship, you have 2 years from the date you separated.

Until a married couple divorces, no clock is running. You can apply for a property settlement at any time during the marriage or after separation, and the 12-month limit only starts once the divorce order takes effect. Many people settle their property before or alongside the divorce so the deadline never becomes an issue.

If your deadline has already passed, it is not automatically the end of the road. You can ask the court for permission to apply out of time, but you have to show hardship or good reason and permission is not guaranteed, so the sooner you act the better.

This is general information, not legal advice. Deadlines are set by the Family Law Act 1975 (Cth). This tool calculates standard time limits from the date you enter and does not account for exceptional circumstances. Every situation is different. For advice on your circumstances, speak with a qualified Australian family lawyer.

Common questions

How long do you have to claim property settlement after divorce in Australia?

Married couples have 12 months from the date the divorce order takes effect to apply for a property settlement. After that you generally need the court’s permission to apply out of time.

What is the time limit for de facto property settlement?

De facto couples have 2 years from the date of separation to apply for a property settlement under the Family Law Act.

Can I still apply after the deadline has passed?

Possibly. You can ask the court for leave to apply out of time, but you must show hardship or good reason, and permission is not guaranteed, so it is best to act before the deadline.

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Data sources & references

These figures and legal points are general information for context only. They are not advice and not a prediction about any individual situation.