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