22/08/2026
Property Settlement After Separation: Don’t Miss the Time Limit
Separated? Don’t assume you have forever to sort out the property settlement.
One of the most important things separating couples should understand is that there are strict time limits for bringing property settlement proceedings to the Court.
💍 Married couples
If you were married, you can apply to the Court for property adjustment before you are divorced.
However, once your divorce becomes final, you generally have 12 months to commence proceedings for property settlement.
This catches some people out because separation and divorce are two different things. You might have been separated for several years before applying for a divorce — but the 12-month property settlement limitation period generally starts when the divorce order takes effect, not when you separated.
🏠 De facto couples
For an eligible de facto relationship, the general limitation period is different.
An application for property adjustment must generally be made within 2 years of the breakdown of the de facto relationship.
⚠️ What happens if you miss the deadline?
You can ask the Court for permission — known as leave — to commence proceedings out of time.
But leave is not automatically granted. You should not assume that the Court will extend the deadline simply because you have a genuine property dispute.
That is why waiting until the deadline is approaching can be extremely risky.
Even if you and your former partner are on good terms, it is worth getting advice about your property position and how — and when — it should be formally resolved.
If you have separated, particularly if you are approaching the 12-month post-divorce deadline or the 2-year de facto deadline, obtain family law advice promptly.