Common family law questions answered by Wallen Family Law.

Act Early for the Best Outcome
with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Many people hesitate to take the first legal step after separation — often hoping things will settle on their own. While that instinct comes from a good place, waiting too long can sometimes make matters more complicated and expensive to resolve later.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says delays are one of the most common issues she sees. “People often wait until communication has completely broken down or finances have become a total mess,” she explains. “By that point, it can be much harder to find a calm, negotiated solution.”

Why Acting Early Matters

In both parenting and property matters, time can significantly affect your legal position.

“In parenting cases, delay can impact the stability of arrangements or the child’s relationship with a parent,” Melody says. “The Court often looks at what has become the child’s routine — so if an informal arrangement has been in place for many months, it may be harder to change later.”

In property matters, values can change, debts can increase, and one party may make financial decisions such as spending or wasting joint savings that affect the asset pool. “You don’t want to lose sight of what existed at separation,” Melody notes. “The earlier we identify the asset pool and start negotiations, the more control both parties retain.”

Deadlines and Legal Time Limits

Family law also contains strict time limits that can bar your claim altogether.

For married couples, you have 12 months from the date your divorce becomes final to commence property or spousal maintenance proceedings.

For de facto couples, you have two years from the date of separation.

“If those deadlines are missed, you need special permission from the Court to proceed, and that’s not always granted,” Melody explains. “It’s much better to act before those timeframes expire.”

The Emotional and Financial Cost of Waiting

Delays don’t just affect legal outcomes — they take a toll emotionally and financially.

“When issues are left unresolved, tension and uncertainty build,” Melody says. “That can impact children, affect mental health, and prolong financial stress. Early advice helps people understand their rights, responsibilities, and options — even if they’re not ready to make big decisions yet.”

Taking early steps doesn’t mean rushing into conflict. “It’s about getting clarity so you can make informed choices,” she adds. “Often, that clarity actually prevents disputes from escalating.”

A Clear Path Forward

At Wallen Family Law, Melody and her team encourage clients to seek guidance as soon as separation becomes likely — not just after it happens.

“Our process is built to bring calm and structure to what feels overwhelming,” she says. “From an initial fixed-fee consultation, we can map out the stages ahead — whether that means negotiation, mediation, or preparing documentation. The goal is to help you move forward with confidence and avoid unnecessary delay.”

Quick Answers

Why is delay a problem in family law?
Because it can change the status quo in parenting matters and alter the asset pool in property cases, making resolution harder.

What are the time limits to start a property claim?
For married couples, 12 months after divorce. For de facto couples, two years from separation.

Can the Court extend those limits?
Sometimes, but only if you can show hardship or exceptional circumstances. It’s not guaranteed.

Does getting early legal advice mean I have to go to Court?
No. Early advice is about understanding your position so you can reach an agreement sooner and avoid litigation.

What if we’re still working things out?
That’s fine — you can still get advice to understand your options and protect your interests while you do.

From Melody

“Acting early doesn’t mean starting a fight — it means creating clarity. The sooner you understand your position, the more options you have. Family law is easiest to navigate when you deal with issues proactively, not reactively.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

Key Deadlines Explained

When relationships end, it’s natural to want some breathing space before dealing with the legal side of things. But in family law, waiting too long can have real consequences.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, explains that strict time limits apply to both property and maintenance claims. “Once those timeframes expire, you may lose your right to make a claim altogether — or need special permission from the Court to proceed,” she says. “That permission isn’t always granted.”

The Time Limits You Need to Know

Under the Family Law Act 1975 (Cth), different deadlines apply depending on whether you were married or in a de facto relationship.

For married couples:
You have 12 months from the date your divorce becomes final to commence property settlement or spousal maintenance proceedings.

For de facto couples:
You have two years from the date of separation to file your application.

“These limits apply even if you’ve been separated for years but only recently divorced,” Melody explains. “People are often caught out by that. The divorce date, not the separation date, triggers the 12-month clock for married couples.”

Why the Court Imposes Deadlines

Family law encourages people to finalise financial matters promptly, while evidence is still clear and assets can be properly valued.

“Delays create uncertainty and often cause disputes about what existed at separation versus what exists now,” Melody says. “Assets can be spent, sold, or changed in value. Early resolution protects everyone.”

If an application is made outside the time limit, you’ll need to ask the Court for permission — called leave to proceed out of time.

“The Court will only grant leave if you can show hardship or exceptional circumstances,” she adds. “That’s not a given. It’s much easier to protect your position by acting within time.

Time Limits in Parenting Matters

While there’s no strict deadline to file parenting proceedings, delay can still affect the outcome.

“The Court looks at what arrangements have become the child’s routine,” Melody explains. “If an informal pattern has continued for a long time, the Court may be reluctant to disrupt it unless there’s a compelling reason.”

That’s why early advice is equally important in parenting matters — to preserve options and ensure your position is clearly documented.

Acting Within Time Doesn’t Mean Going to Court

Many people avoid seeking advice early because they don’t want to start a legal battle. Melody says this is a common misunderstanding.

“Getting legal advice within time simply keeps your options open. You can still negotiate, mediate or formalise your agreement through Consent Orders without stepping foot in a courtroom.”

She adds that Wallen Family Law offers structured, fixed-fee pathways to help clients meet key deadlines calmly and confidently.

Quick Answers

How long do I have to start a property settlement?
For married couples, 12 months after divorce. For de facto couples, two years after separation.

What if I miss the deadline?
You must apply to the Court for permission to proceed out of time, and it’s only granted in limited circumstances.

Do time limits apply to parenting matters?
Not formally, but long delays can still impact what the Court considers in the child’s best interests.

Can I still negotiate without going to Court?
Yes. You can reach an agreement through negotiation or mediation and formalise it by Consent Orders or a Binding Financial Agreement.

Why should I get advice early?
To protect your legal rights and avoid missing deadlines that could prevent you from making a claim later.

From Melody

“Time limits in family law are strict for a reason — they bring clarity and finality. Acting within those timeframes doesn’t mean rushing into conflict; it means giving yourself options and control. The earlier you get advice, the smoother and safer your path forward will be.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

For many people, divorce feels like the final step in ending a marriage — but legally, it’s just one part of the process.

A divorce dissolves the marriage itself, but it doesn’t finalise property division, parenting arrangements or spousal maintenance.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says it’s common for clients to be unsure about what divorce actually covers. “Divorce is a separate legal process,” she explains. “It’s simply the formal end of the marriage — it doesn’t decide who gets what or where the children live.”

When You Can Apply for Divorce

Under Australian law, you must have been separated for at least 12 months before filing for divorce.

That separation can include periods of living under the same roof, provided you can show you were no longer living as a couple.

“The law recognises that separation is a state of mind, not just physical distance,” Melody explains. “We often help clients who have separated but stayed in the same home for financial or parenting reasons.”

The Process of Getting a Divorce

Divorce applications can be made online through the Federal Circuit and Family Court of Australia.

You can file a sole application, where one person applies and serves the other, or a joint application, where both apply together.

“Joint applications are simpler and often less stressful,” Melody says. “If there’s no dispute about the marriage ending, it’s a straightforward administrative process.”

After filing, the Court will list a short hearing date to review the application and issue the divorce order. The divorce becomes final one month and one day after the hearing, at which point the marriage is officially dissolved.

What Divorce Does — and Doesn’t — Cover

A divorce order only ends the legal marriage. It doesn’t resolve issues relating to property, finances or children.

“People are often surprised to learn that a divorce doesn’t automatically divide assets,” Melody explains. “Those matters are dealt with separately, either through negotiation, Consent Orders or court proceedings.”

For parenting arrangements, the Court can only make orders after considering what’s in the best interests of the child — a separate process entirely from the divorce itself.

Important Time Limits After Divorce

Once your divorce becomes final, you have 12 months to finalise a property settlement or spousal maintenance claim.

“That time limit is strict,” Melody cautions. “If you miss it, you’ll need to seek permission from the Court to proceed out of time, and that’s not automatically granted.”

This is one of the main reasons she encourages people to get legal advice early. “Don’t wait until the divorce order comes through to start thinking about your finances,” she says. “Start those discussions well before, so you’re ready.”

For de facto couples, the timeframe is different — you have two years from the date of separation to make property or maintenance claims.

Quick Answers

How long do I have to be separated before I can get divorced?
At least 12 months, whether living apart or under the same roof.

Does divorce include property or parenting arrangements?
No. Divorce only ends the marriage. Property and parenting issues must be finalised separately.

What is the time limit after divorce for property settlement?
You have 12 months from the date your divorce becomes final to start proceedings.

Can I remarry straight after divorce?
You must wait until the divorce order becomes final — one month and one day after the hearing.

Do I need to go to Court for divorce?
Usually not. Most applications are processed online and finalised administratively unless there are children under 18 or unusual circumstances.

From Melody

“Divorce marks the end of a marriage, not the end of your legal journey. The real work often happens before and after — making sure your property, finances and parenting arrangements are fair, finalised and legally secure.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law