After a divorce, the court's page gives 12 months to apply for property orders
By Artigellence ·
The Federal Circuit and Family Court's own pages say that if you were married, an application for property adjustment must be made within 12 months of your divorce becoming final. For a de facto relationship the period is two years from its breakdown. A later application needs the court's leave, which is not always granted. This article quotes the court and gives no advice on anyone's situation.
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A divorce order does not divide property
The court's divorce page says the granting of a divorce does not determine financial support, property division or arrangements for children. Those need an application of their own, and the court's property page notes that a married person can apply for financial or property orders before the divorce is final.
What the divorce does set is the start of a deadline. The court's words are that once a divorce is final, you have 12 months to file an application for financial or property orders, and that outside that time-frame you will require the court's permission and may be prevented from seeking those orders.
When the 12 months starts
The window runs from the divorce becoming final, not from the hearing. The court's page says that in most cases a divorce order becomes final one month and one day after the divorce hearing, and that you must not remarry until it does.
Wollongong is one of the court's NSW locations, but its divorce hearing page says hearings are conducted electronically before a registrar, so nobody needs to attend a registry in person. The date that later starts the property clock therefore follows a hearing held online.
De facto relationships run on a different clock
For a de facto relationship, the court's property page says an application for property adjustment must be made within two years of the breakdown of the relationship. There is no divorce order to start it, so the date that matters is the breakdown itself.
The same page sets out criteria a de facto relationship has to meet before the court can decide a financial dispute, and says in its own words that you should obtain legal advice about whether your circumstances satisfy them before filing.
Late applications, and what the limits leave out
Starting proceedings after either window means asking the court for leave. The court's page adds that this is not always granted.
The same page says time limits do not apply to child support and child maintenance. This article does not cover them.
Where the court's own page sends people
The court's divorce page names the Family Relationship Advice Line as a source of free legal advice and information about family relationship services, on 1800 050 321. It also points to Legal Aid NSW's Do Your Own Divorce guide for anyone preparing the divorce application themselves.
This site is not a law practice and gives no advice of any kind. Enquiries made here are referred on to an independent provider, and the court's pages remain the place to check what applies to a particular case.
Artigellence is the marketing business that operates this site and writes its articles. It does not carry out the work described.
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Last reviewed · Updated · First published