Hi there! We’re Bespoke Family Lawyers.
We are here to guide you out of the uncertainty of separation to financial certainty and freedom, to clear arrangements for your children and to the power and confidence you need to rebuild your life.
If it’s been 18 months since you separated, now is a critical time to explore your settlement options and start taking action.
Life after separation can feel like a whirlwind — emotionally, practically and financially. It’s no surprise that many people put off sorting out property matters, hoping things will settle on their own. That’s completely understandable. But if you’ve been separated for a while, it’s important to know there are time limits for property settlement after separation. Taking action now can help you protect your financial future and move forward with confidence.
We’re here to help you take the pressure off by helping you understand the timeline, what steps to take, and how to make sure you’re not left in limbo.
Why Time Matters
A property settlement is the legal process of dividing assets and liabilities after a separation. This can include your home, savings, debts, superannuation, businesses, and even sentimental items.
While it’s common for people to delay, there are time limits under the Family Law Act 1975 that can impact your ability to make a claim. The good news? If you’re reading this and still within your window, there’s time to take calm, strategic action.
So, What is the Time Limit for Property Settlement?
- For de facto couples in Queensland: You have 2 years from the date of separation.
- For married couples: You have 12 months from the date your divorce becomes finalised.
- Those with parenting arrangements: Note that parenting arrangements don’t abide by the same legal deadline. However, it’s still wise to address both parenting and property matters as early as possible, especially if the issues overlap.
Once the respective deadline passes, you can still apply to the Court, but you’ll need special permission, and that’s not always granted. The court must be satisfied that there would be serious hardship if you’re not allowed to proceed.
Six Months Out is a Crucial (But Ideal) Window
Six months may sound like plenty of time, and technically, it is. But in legal and emotional timeframes, six months can pass by in a blink. This is the window where you still have full access to every resolution pathway without needing special permission from the Court. If your deadline is approaching, there’s still time to:
- Negotiate a fair settlement
- Engage in mediation
- Complete disclosure and valuations
- Finalise and formalise agreements
Keep in mind that delays can creep in, especially if financial documents are hard to access, valuations take time, or your Ex-partner isn’t cooperating. That’s why acting with intention sooner can make all the difference.
At Bespoke Family Lawyers, we’re here to help our clients navigate tight timelines with calm expertise, avoiding court wherever possible. Whether you’re approaching the end of your time limit or just want to be proactive, this is your chance to get organised and avoid any unnecessary roadblocks.
We’ve designed this checklist to help you move forward with clarity and confidence, covering the key steps that will give you the best chance of reaching a fair and timely outcome.
Your Six-Month Countdown Checklist
- Get Clear on your Separation Date
This is the date that starts your timeline. You may need to prove this if it’s ever questioned. - Engage a Family Lawyer (if you haven’t already)
Even amicable agreements need to be formalised through Consent Orders or a Binding Financial Agreement. - Start or Finalise Financial Disclosure
This includes bank statements, superannuation, tax returns, business valuations and liabilities. It’s mandatory, even if you think you know what your Ex has. To see what documents you may require for a Financial Disclosure, check out our free Financial Documents Checklist here. - Get Assets Valued
Homes, investments, super and vehicles all need accurate, independent valuations to ensure a fair outcome. - Explore Negotiation Options
Mediation or lawyer-assisted negotiations can help you reach an agreement without going to court. Many matters can settle without court, especially with professional guidance. - Consider the Best Outcome, Not the Quickest
A fast agreement isn’t always a fair one. We help you craft settlements that reflect your unique needs and long-term goals. - Decide on the Formal Pathway
Consent Orders or Financial Agreement? We’ll help you choose the right legal framework and ensure your interests are protected the whole way.
What Happens If You Miss the Deadline?
If the time limit passes and you haven’t finalised your property settlement, all is not lost, but things do get more complex. In this case, you’ll need to ask the Court for special permission (called “leave”) to claim out of time.
To be granted that permission, you’ll have to show that not being allowed to proceed would cause you significant hardship. It should be noted that this isn’t a guarantee, and the Court can say no.
Without a formal settlement in place, you may be left without legal protection over your share of the assets, which can affect your long-term financial security. That’s why it’s vital to act while you still have all your options available.
In Short, Take Action While You Still Have Options
If you’re approaching the end of your time limit, now is the time to act, while all options are still available to you. Remember, regardless of where you are in your journey, you’re not alone, and it’s not too late.
Not sure where to start? Book a clarity call with us and we’ll move you towards putting a tailored plan in place for finalising your property settlement while you still have time on your side.
***Disclaimer***
This article is for general information purposes only and does not constitute legal advice or any other professional advice.
