How long after separation can I claim property?

Both married and de facto couples have a right to make a claim on a property after separation in Australia. For married couples, you have a time limit of 12 months from the date an Application for Divorce is granted to file an application for property settlement in the Federal Circuit and Family Court of Australia. The same time limit does not apply if you seek to finalise your property settlement prior to making an application for divorce.

For de facto relationships, the time limit is 2 years from the date of separation.

If you miss these deadlines, you can still apply. However, you'll need the court's permission to make an application for property settlement. There is no guarantee that the application to proceed out of time will be granted. However, you may have grounds if there are significant reasons (like you and your ex-partner still owing property in joint names) or special circumstances. It's advisable to seek family legal advice to understand your rights and ensure that you take timely action.

It's not a matter of fault or blame; the law aims to distribute assets fairly, regardless of the reasons behind the relationship breakdown. There is no mathematical formula; what is considered fair is dependent on each case and its circumstances.

Professional legal guidance ensures you understand your rights and obligations, helping secure an equitable property division. With expert advice, you can confidently make informed decisions, ensuring the settlement is fair and facilitating a positive step towards future stability for all involved. The family lawyers at Kells can provide you with that advice. Reach out and contact us today.

Wanting a fair property settlement following a divorce or de facto relationship breakdown? The property settlement lawyers at Kells have extensive experience in the division of property and assets post-separation and divorce.