Check Your Timing

Married couples

If you are separated but not divorced yet

If a couple can reach agreement themselves (without going to court) there is no time limit about how long they take to divide their money and property.

If you are already divorced If you already divorced, you have 12 months from the date that your divorce is finalised to apply to the family courts for a property claim against your former partner. Once this time limit expires you need special permission of the court to make a claim. Permission is only granted in limited circumstances.

Divorce orders become finalised automatically 1 month and 1 day after the order is made. A divorce order does not take effect until it becomes final. The waiting period can be shortened in special circumstances.

De facto couples You have 2 years from the date that your de facto relationship ended to apply to the family courts for a property claim against your former partner. This includes de facto couples in Western Australia. Once this time limits expires you need special permission of the court to make a claim. Permission is only granted in limited circumstances. What date can I use as the end of my relationship?

Spousal maintenance

If a separating couple cannot agree on spousal maintenance and one of them wants to make an application to the family courts, time limits apply. If you do not apply within these time limits, you will need special permission of the court. Permission is only granted in limited circumstances.

If you were married

Applications for spousal maintenance must be made within 12 months of your divorce becoming final.

When does a divorce become finalised?

Divorce orders become finalised automatically 1 month and 1 day after the order is made. A divorce order does not take effect until it becomes final. The waiting period can be shortened in special circumstances.

If you were in a de facto relationship

Applications for de facto partner maintenance must be made within 2 years of the breakdown of your de facto relationship.