Did you know that for separated couples, there are time limits to when you can apply to Court? And, that if you miss this time limit you may lose your right to a property settlement or spousal maintenance?
Don’t worry if you didn’t, you are not alone and we are here to help.
The purpose of this post is to give you an understanding of what time limits may apply to you.
Time Limits
De Facto Relationship
For unmarried couples who are in a de facto relationship, you have 2 years from the date of separation to apply to the Court for financial orders. If you are not sure whether you are in a de facto relationship, please see our post “Am I in a De Facto Relationship?” or contact us for more detailed advice.
Married
You can apply to the Court for financial orders at any time if you are married. Why? Because there is no time limit that applies in this instance.
Divorced
Couples who are divorced have 1 year from the date the Divorce Order takes effect to make an application to the Court for a property settlement or spousal maintenance.
What if I’m out of time?
If you have missed the above legal deadlines, you should seek urgent legal advice to discuss your options.
Your former partner may agree by consent to the Application being made out of time. However, there is no guarantee that they will.
It may be possible to seek the Court’s permission to apply out of time; however, this is not an automatic right. The Court will only agree in very limited circumstances, which includes if:
– you or your child would suffer hardship if you were not granted leave to apply out of time AND you can show that you have reasonable prospects of a successful property or spousal maintenance claim; and
– for spousal maintenance, at the end of the time limitation period, you were not able to support yourself without an income tested pension, allowance or benefit.
Takeaway Point
There are strict time limits that apply in Family Law and it is important to ensure that you are aware of the deadline that applies to your situation. An expiring time limit is not something that you want to sneak up on you!
Would you like further information?
For further information, please contact us today or book an appointment online.
By Tegan Martens
Director & Principal Family Lawyer
Martens Legal
Disclaimer:
The information contained on this site is for general guidance only. No person should act or refrain from acting on the basis of such information. Appropriate professional advice should be sought based upon your particular circumstances.
