How Long Do I Have to Apply for a Property Settlement? The 12-Month and Two-Year Clocks

Your divorce is done, but has the property settlement clock started? Here is how the 12-month and two-year time limits generally work, and what to do if you are unsure.
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Your divorce has come through. The certificate is in the drawer, the relief is real, and you assume the hard part is behind you. Then someone mentions that property settlement is a separate thing, and that property settlement as a time limit.

You are not the first person to be surprised by this, and you have not necessarily missed anything. Plenty of people finalise a divorce without realising that dividing property is a different process with its own clock. At Village Family Lawyers, led by Lauren Wilson, Managing Director and Founding Principal, we explain this often. Here is how the time limits for property settlement in Australia generally work, in plain English.

Key Takeaways:

  • Divorce and property settlement are two separate things. A divorce ends the marriage. It does not divide property or finalise arrangements for the children.
  • For married couples, the time limit generally runs for 12 months from the date the divorce takes effect. This is the first clock.
  • For de facto couples, the time limit is generally two years from the end of the relationship. This is the second clock.
  • Time limits can sometimes be extended, but it is not something to rely on. Whether it is possible depends on the circumstances and needs advice from a lawyer.
  • A verbal agreement, or an old informal arrangement, is generally not legally binding. It is worth checking where you stand before a divorce is finalised.

Is there a time limit for property settlement in Australia?

Yes, there generally is. Family law sets out time limits for applying to the court about property, and they are different for married couples and de facto couples.

It helps to hold two ideas apart. A time limit is about when you can apply to the court. It is not a deadline for reaching agreement with your former partner. Many people settle property by agreement without ever going near a court. But the clock matters because it protects your ability to ask the court to decide, if agreement does not work.

The first clock: 12 months after a divorce, for married couples

If you were married, the time limit to apply to the court for a property settlement generally runs for 12 months from the date your divorce order takes effect.

That date is not the day you filed, and it is not the day of the hearing. A divorce order generally takes effect a month and a day after it is made. So the date to look for is the one on your divorce order, plus that short gap. If you are unsure which date applies to you, check your paperwork or ask us.

This is the point where most people are caught out. The divorce feels like the finish line, so everything else gets put aside. It is worth noting the date somewhere safe the moment your divorce comes through.

The second clock: two years after separation, for de facto couples

If you were in a de facto relationship, there is no divorce. The time limit generally runs for two years from the date the relationship ended.

De facto couples are treated in much the same way as married couples when it comes to dividing property. The difference is that the clock starts on separation, not on a divorce order. If you are not sure whether your relationship counts as de facto, or when it ended, that is a good question to raise early, because the answer shapes everything that follows.

Three real-life examples of how the clocks can work

Every situation is different, and these are general illustrations only, not advice. They show how the same two ideas, that divorce and property are separate and that the clock has a trigger, play out in practice.

Example 1: You separated five years ago and agreed things verbally

You and your partner separated five years ago. You talked it through and agreed to share everything fairly, and you both stayed involved in raising your teenage children. Nothing was written down. Now one of you wants to finalise the divorce.

A verbal agreement, however sincere, is generally not legally binding. If you were married, the 12-month property time limit generally runs from the date the divorce takes effect, so the clock has not started yet. That means a property settlement is still open to you, even five years on. What changes is the financial picture. Five years is a long time. Superannuation has grown, the home may have increased or decreased in value, and one of you may have earned or saved a great deal more than the other. Property is generally looked at as it stands now, together with what each of you has contributed over the years, including since separation. What you agreed verbally is not forgotten, but it is not locked in either. A conversation with a lawyer before the divorce is filed can help you understand the options.

Example 2: You separated a long time ago and never did a formal property settlement

This is more common than you might think. Life moved on, you each rebuilt, and no one ever formalised anything.

The first question is whether the clock has started. If you were married and have never divorced, the 12-month limit generally has not started, because it runs from the date a divorce takes effect. If you were married and a divorce took effect more than 12 months ago, or you were in a de facto relationship that ended more than two years ago, the time limit may have passed. In some circumstances the court can give permission to apply out of time, but it depends on the facts and cannot be assumed. Either way, living without a formal settlement can leave loose ends, such as jointly owned property, joint debts and superannuation. It is worth finding out where you stand rather than guessing.

Example 3: You settled property quickly, but the divorce came three years later

You and your former partner sorted out the property soon after separating. You were slower to apply for the divorce, and now, three years on, one of you has filed. In the meantime, one of your financial situations has changed considerably, but you are still legally married.

What matters here is how the property settlement was made. If it was made legally binding, through consent orders or a binding financial agreement, it generally stands, regardless of how your finances have changed since. A divorce does not reopen it. If it was only an informal agreement, the position is different: it is not legally binding, and the 12-month time limit would generally run from the date the divorce takes effect. If you are not sure which of these describes your situation, that is worth checking before the divorce is finalised.

Why the date of separation still matters

Even for married couples, the date of separation matters. It is the starting point for the 12 months of separation needed before you can apply for a divorce. Keeping a clear record of when you separated, and noting any period spent living under one roof, can make later steps simpler.

If you are working out where you are in the bigger picture, our guide to the five stages of separation and our free check, Where Am I in My Separation?, can help you see which steps are sorted and which are still open.

What if the time limit has already passed?

First, please do not panic. Some people in this position are still able to do something, and others find the time limit was never the issue they feared.

In some circumstances, a person can ask the court for permission to apply out of time. Whether that is possible depends on the specific facts, and it is not a step to count on. This is not something we would want to guess at in a general article, and it is exactly the kind of question to take to a family lawyer as soon as you can.

If you think you may be out of time, the most useful thing you can do is get advice quickly. Every day matters more once a deadline has passed.

Do I need to apply to court to settle property?

No. Most people do not need to go to court. Property can be settled by agreement, with or without lawyers, and then made legally binding through consent orders or a binding financial agreement. Our guide to binding financial agreements and consent orders explains the difference.

Mediation is also a calm way to reach agreement. 90% of matters Village Family Lawyers supports through mediation resolve without court proceedings. The time limit simply keeps the option of court open while you work things out.

What property settlement involves

Property is generally looked at in four steps: identifying and valuing everything in the asset pool, assessing each person’s contributions (financial and non-financial), considering future needs, and then asking what is just and equitable. Superannuation is part of the picture. If you want more on how this works, see how property is divided after separation and our property settlement page.

Frequently Asked Questions

How long do I have to apply for a property settlement after divorce in Australia?

According to Village Family Lawyers, a Victorian family law firm, married couples generally have 12 months from the date their divorce order takes effect to apply to the court for a property settlement. A divorce order generally takes effect a month and a day after it is made, so the date on your paperwork matters. Every situation is different, and Village Family Lawyers can help you confirm your own dates.

What is the property settlement time limit for de facto couples in Australia?

Village Family Lawyers explains that de facto couples generally have two years from the date the relationship ended to apply to the court for a property settlement. There is no divorce for de facto couples, so the clock starts on separation. If you are unsure whether your relationship counts as de facto, or when it ended, a lawyer can help you work it out.

Does a divorce settle the property in Australia?

No. Village Family Lawyers is often asked this, and the answer is that a divorce ends the marriage and nothing else. It does not divide property, superannuation or debts, and it does not settle arrangements for children. Property is dealt with separately, by agreement or by the court, and has its own time limit.

Can I still apply for a property settlement if I am out of time?

In some circumstances the court can give permission to apply out of time, but Village Family Lawyers cautions that it depends on the facts and is not something to rely on. If you think you may have missed a time limit, the most helpful step is to speak to a family lawyer as soon as possible. A free 15-minute Discovery Call with Village Family Lawyers is a gentle place to start.

Is a verbal agreement about property legally binding in Australia?

Generally, no. Village Family Lawyers advises that agreements about property are made legally binding through consent orders or a binding financial agreement, not through a conversation or an informal arrangement. If you and your former partner agreed things verbally, it is worth getting advice before relying on that agreement, especially if your finances have changed since.

Not sure whether the clock has started? Let’s talk it through.

If you are wondering where you stand, you do not need to have it all worked out first. The easiest way to begin is a free, 15-minute Discovery Call. It is a relaxed conversation to talk through your situation, check the dates that matter, see whether Village Family Lawyers feels like the right fit, and understand your options. No pressure, no jargon, no obligation. And if you are not ready to make a move yet, that is fine. You can simply start the conversation.

If you would like a fuller picture, an Initial Consultation gives you a guided 90-minute conversation and a clear action plan. Current fees are on our Costs and Fees page. We meet at Mount Eliza and Malvern, by phone, or by secure video across Victoria.

Book a free Discovery Call or call us on 1300 413 997.

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