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Your Timing
Why do I need to check my timing?
There is no time limit if a couple wants to reach an informal agreement between themselves (without going to court or filing for 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.
Once any of these time limits expire you need special permission of the court to make a claim. Permission is only granted in limited circumstances.
Check your situation below.
You should not use amica if any of the time limits described below will expire in the next 3 months.
You can seek legal help from the free Legal Help Line in your state or territory.
There is no time limit if a couple wants to reach an informal agreement between themselves (without going to court or filing for consent orders.)
However, time limits apply should a couple wish or need to seek formal orders (by consent or through litigation.)
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.
When does my divorce become final?
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.
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 not always granted.
What counts as a date of separation
This might be the date you or your former partner moved out, the date you told your friends and family you had broken up or any other date you and your former partner agree that the relationship had broken down. You can be separated and still living under the same roof.