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Check Your Timing
Why do I need to check my timing?
It is important to know if any family law time limits apply to you in case they are coming up soon.
There is no time limit if a couple want to reach an informal agreement between themselves (without going to court or filing consent orders.)
However, time limits apply should a couple wish or need to seek formal orders (by consent or through litigation.)
Time limits can apply where you want to apply to the family courts regarding:
- the division of money and property, and
- spousal maintenance.
These time limits do not apply in relation to making parenting arrangements.
Check your situation below.
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.
What if a time limit is coming up soon?
You should not use amica if any of the time limits described above will expire in the next 3 months.
You can seek legal help from the free Legal Help Line in your state or territory.