If you were married, you have twelve months from the date your divorce order takes effect to apply for a property settlement. If you were in a de facto relationship, you have two years from the date of separation.
Those are hard deadlines, and they run on different clocks. Married couples who never divorce have no time limit running at all, which is why some people sit on an unresolved settlement for years without realising the exposure they are carrying.
Miss the deadline and you need the court’s permission to apply out of time. That permission is not a formality. You have to show hardship, and you have to explain the delay.
The misconception worth correcting is that separating informally protects you. It does not. Until there are orders or a binding agreement, your ex can still make a claim, and so can you.
Which clock is running in your situation, and how much of it is left?
This article sets out both time limits, what happens when they pass, and what a sensible next step looks like.
Key Takeaways
- The clock for married couples starts from divorce, not from separation. You have 12 months from the date your divorce order takes effect to start property proceedings in the Federal Circuit and Family Court of Australia.
- For de facto couples, the limit is two years from the date of separation. That clock starts when the relationship ends, not when paperwork is filed.
- An informal agreement between you and your ex is not legally binding. Without consent orders or a binding financial agreement, either party can come back years later and reopen the matter.
- Missing the time limit does not automatically close the door. The court can grant leave to proceed out of time, but it’s a genuine legal hurdle, not a formality.
- Property settlement and parenting arrangements are separate processes. Sorting one does not require you to have sorted the other, but both have their own pressures and timelines.
- Superannuation is treated as property. It can be split as part of a settlement, and it’s one of the most commonly overlooked assets.
How long do you have to claim a property settlement after separation?
The time limit depends on one thing above all others: whether you were married or in a de facto relationship.
If you were married, the 12-month clock does not start at separation. It starts from the date your divorce order takes effect. If you’ve separated but never applied for a divorce, that deadline hasn’t begun yet. You can still pursue a property settlement, but there are real risks in leaving things unresolved for years.
If you were in a de facto relationship, the limit is two years from the date of separation. That clock starts the moment the relationship ends, regardless of whether any paperwork has been filed.
These deadlines apply to starting formal court proceedings. They don’t stop you from negotiating or reaching an agreement before then. But if you’re negotiating without making the agreement binding, and the deadline passes, you may find yourself locked out of the court’s help.
Key Point: Most people think the clock starts when they moved out or when things fell apart. For married couples, it actually starts from divorce. Understanding that difference can mean years of extra time, or a very nasty surprise if you’ve already divorced.
Does the time limit start from separation or from divorce?
This is the question almost everyone gets wrong, and it matters enormously.
Separation and divorce are two different legal events. Separation is when you and your partner decide the relationship is over and stop living as a couple. Divorce is a formal court order that ends the marriage. You can be separated for ten years and still not be divorced.
For married couples, the property settlement time limit runs from divorce, not from separation. So if you separated four years ago and divorced two years ago, you may have only months left to act. If you separated four years ago and never applied for divorce, the 12-month countdown hasn’t started at all.
For de facto couples, there is no divorce equivalent. The clock runs from the date of separation, full stop.
Ask yourself this: do you know the exact date your divorce order took effect? Many people don’t. The divorce order takes effect one month and one day after it is made by the court. If you’re not certain of that date, finding out should be your first task today.
Expert Tip: If you’ve already divorced, pull out your divorce order and check the date it was made. Count forward one month and one day. That is when your 12-month window started. If you’re approaching that anniversary, or past it, get advice immediately.
What are the property settlement time limits for married couples?
Once your divorce order takes effect, you have 12 months to start property or spousal maintenance proceedings in the Federal Circuit and Family Court of Australia.
That 12-month window can close faster than people expect. Many couples spend the first few months after separation trying to keep things civil, hoping to sort things out without lawyers. That’s not unreasonable. But if a divorce is granted during that period and property is still unresolved, the window starts narrowing without anyone paying close attention.
The most common mistake I see is this: a couple separates, the divorce comes through, and both parties assume they’ve got plenty of time. They don’t formalise anything. Two years later, one of them wants to revisit the property, and they discover the window closed over a year ago.
If you’re still married and haven’t applied for a divorce, you haven’t triggered the 12-month limit. But that doesn’t mean you should wait. Assets change value. New relationships start. Evidence disappears. Financial positions shift. The longer you wait, the more complicated the pool becomes to value and divide.
Key Point: Being “still married” doesn’t mean you’re safe. It means the formal deadline hasn’t started yet. But the practical risks of delay are real and they compound every year.
What are the property settlement time limits for de facto relationships?
For de facto couples, the limit is two years from the date your relationship ended. There is no divorce equivalent that shifts the starting point. The clock starts when you separated, whether or not you told anyone, moved out, or filed anything.
This catches many de facto couples off guard. There’s no formal process to mark the end of a de facto relationship the way a divorce order marks the end of a marriage. So the two years can tick by quietly, particularly if you’ve been cohabiting in a tense household, trying to keep things stable for the kids, or simply hoping things might work out.
If you’re a de facto partner and you think you might be approaching the two-year mark, this is the most urgent situation in family property law. Unlike married couples, you don’t have the option of simply not filing for divorce to buy yourself time. The deadline is already running.
Expert Tip: If you’re unsure exactly when your de facto relationship ended, don’t guess. The date of separation can be contested, and how it’s determined matters. Get specific advice before assuming you’re inside or outside the two-year window.
Can I still do a property settlement if I’m separated but not divorced?
Yes, absolutely. Separation and divorce are separate events, and you do not need to be divorced to pursue a property settlement.
In fact, many couples reach a full property settlement while still technically married. You can negotiate, sign consent orders, and have everything legally finalised long before any divorce application is filed. Some couples never apply for divorce at all, and their property settlement is still valid.
What matters is that any agreement you reach is properly documented. A handshake deal, a text message, or a note written at the kitchen table is not binding. If your ex agrees to something today and changes their mind in three years, an undocumented agreement gives you very little to stand on.
The two options for making an agreement binding are:
- Consent orders, which are filed through the Commonwealth Courts Portal and approved by the Federal Circuit and Family Court of Australia without either party needing to appear in court.
- A binding financial agreement, which is a private contract signed by both parties, each of whom must have independent legal advice.
Both are valid. Both are enforceable. An informal arrangement is neither.
Key Point: Being separated but not divorced does not mean you’re in legal limbo. It means you have time to negotiate and formalise. Use that time well.
What happens if I miss the property settlement time limit?
Missing the deadline does not automatically end your options. But it makes things significantly harder.
To proceed after the deadline, you need to apply to the court for leave, which means permission to proceed out of time. The court won’t grant that automatically. You’ll need to show a reason why the application is late and, typically, that hardship would result if you were not allowed to proceed.
In practice, out-of-time applications succeed in some circumstances, for example where one party concealed assets, where there was family violence or financial abuse that prevented action, or where the delay was short and the other party is not prejudiced. But they can also fail. And even when they succeed, you’ve added cost, delay and uncertainty to an already difficult process.
The honest answer is that an out-of-time application is a genuine legal fight, not a technicality you can clear with a single letter. If you think you may be outside the time limit, get advice now. Don’t assume it’ll be fine.
Expert Tip: If you’re already past the deadline and wondering whether to bother, get a frank assessment from a family lawyer before making any assumptions. Some out-of-time applications are genuinely viable. Others aren’t. You need a real answer, not a guess.
Should I wait until after divorce to deal with property?
No. Waiting until divorce to address property is one of the most common and costly mistakes we see.
Here’s what tends to happen. A couple separates. The immediate focus goes to the children, the housing, the day-to-day practicalities. Property settlement feels like something to deal with “once the dust settles”. The dust doesn’t settle quickly. Two or three years pass. A divorce application is eventually filed, the order takes effect, and suddenly there’s a 12-month window that everyone forgot was coming.
Meanwhile, the asset pool has changed. The house has gone up in value, or one party has run up debt. One party has started a new relationship. Superannuation balances look different. Evidence about contributions to the relationship has become harder to gather.
Property settlement and divorce are separate processes. You can and generally should start thinking about property settlement well before you apply for a divorce, not after.
Key Point: Divorce is a formality that ends the marriage. It doesn’t resolve property. Treating them as one event is how people end up with a ticking clock they didn’t know about.
What am I entitled to in a property settlement?
There’s no formula, and anyone who tells you there’s a standard split isn’t being straight with you.
The Federal Circuit and Family Court of Australia works through a structured process. It looks at the total asset pool, assesses what each person contributed, financial and non-financial, and then considers what each person needs going forward, including age, health, income capacity, and parenting responsibilities.
Contributions include the obvious things: who earned what, who owned property coming into the relationship. But they also include who stayed home to raise children, who managed the household, who supported the other person’s career. Non-financial contributions count.
Future needs are also weighted. If one party earns significantly more, or one party has primary care of the children and reduced work capacity as a result, the court adjusts the outcome to reflect that.
There is no entitlement to 50 per cent. There is no rule that says the person who stayed in the house gets it. What you’re entitled to is a fair assessment based on your specific circumstances.
Expert Tip: Before you assume what you’re entitled to, make a list of every asset, liability and superannuation account that exists, on both sides. What’s in the pool often surprises people, and what you thought was your partner’s property may well be part of the settlement.
What counts as property in a settlement?
More than most people think.
Property includes everything of value that either of you owns or has an interest in at the time of settlement. This includes:
- The family home, including any equity in it
- Investment properties
- Vehicles, boats and caravans
- Bank accounts and savings, in any name
- Shares, managed funds and other investments
- Business interests
- Superannuation entitlements
- Crypto assets and digital holdings
- Debts and liabilities, which reduce the net pool
Superannuation is treated separately under the Family Law Act 1975, but it is part of the overall picture. It can be split by agreement or by court order. Many people, particularly those who left paid work to raise children, have significantly less superannuation than their partner. That gap is routinely addressed in settlements.
Gifts and inheritances received during the relationship may be included. Whether they’re treated differently depends on timing, how they were used, and the length of the relationship.
Key Point: Don’t overlook superannuation, particularly if there’s a large gap between your balances. Across a long relationship, that gap can represent tens or hundreds of thousands of dollars. It belongs in the conversation.
How does a property settlement work when we have kids?
Property settlement and parenting arrangements are legally separate. You can finalise property without parenting being resolved, and vice versa.
In practice, though, they’re connected in ways that matter. Who lives in the family home affects where the children sleep, which school they attend, and how stable their routine is. Who pays the mortgage or rent affects whether there’s money available for child support or shared costs.
Courts don’t formally link the two processes, but a family lawyer will help you think through how your property decisions affect your children’s day-to-day lives, and vice versa. Staying in the house is often the right short-term call for the children’s stability. But it also has costs: ongoing mortgage obligations, maintenance, and the emotional weight of living in the family home alone.
Property settlement doesn’t have to wait for parenting arrangements to be finalised, but the two should be thought through together.
Expert Tip: If you’re the primary carer for children, your future needs, including reduced work capacity and ongoing parenting costs, are directly relevant to how property is divided. Don’t negotiate a settlement as if the children don’t change the picture. They do.
Does it matter whose name the house or mortgage is in?
Less than most people assume.
The fact that a property is in your partner’s name doesn’t mean it’s not part of the settlement. And the fact that your name is on the mortgage doesn’t mean you’re solely responsible for it in a settlement context.
The court looks at the economic reality of the relationship, not the legal title. If you made contributions to a property, financially or otherwise, whether through mortgage payments, renovations, or raising children while your partner worked, those contributions are relevant regardless of whose name is on the title.
This is one of the most common misconceptions in property settlement. People assume that because they don’t own the house on paper, they have no claim to it. That assumption is wrong and, in some cases, very expensive.
Key Point: Legal title is a starting point, not an ending point. The court’s focus is on contributions and needs, not on who signed the contract to buy the house.
How long will my property settlement take from start to finish?
It depends heavily on how much you and your ex can agree on.
If you reach an agreement through negotiation, prepare consent orders or a binding financial agreement, and both parties sign without dispute, the process can be finalised in a matter of months. Filing consent orders through the Commonwealth Courts Portal and waiting for court approval typically takes a few months once documents are prepared and in order.
If the matter is contested, the timeline extends considerably. Contested property proceedings in the Federal Circuit and Family Court of Australia can take one to three years or longer, depending on the complexity of the asset pool, whether valuations are disputed, and the court’s workload at the time.
The most reliable way to shorten the timeline is to reach an agreement. Mediation and negotiation through solicitors resolves the majority of property matters without a final hearing.
Expert Tip: Don’t assume that going to court is inevitable, or even likely. Most property settlements are resolved by agreement. The question isn’t whether you’ll fight, it’s whether you’ll communicate well enough to avoid it.
What will a property settlement cost?
It depends on how contested the matter is, and that’s not a dodge, it’s the honest answer.
A negotiated settlement, where both parties reach agreement through solicitors and the matter is finalised by consent orders or a binding financial agreement, costs significantly less than a fully contested court case.
For a straightforward agreed settlement, legal costs might run to a few thousand dollars per party. For a matter that requires court proceedings, multiple hearings, valuations and expert evidence, costs can reach tens of thousands of dollars or more on each side. In complex cases involving businesses, trusts or disputed assets, the costs can be higher still.
One thing experienced family lawyers will say plainly: if your combined assets are modest and you’re heading toward a long court battle, you may end up spending a significant portion of the asset pool on legal fees. That’s not a scare tactic. It’s a cost-proportionality question worth asking early.
Firm-specific fees and cost estimates are best discussed directly with the team at C + K Family Lawyers in a first consultation.
Key Point: The cost of a property settlement is largely within your control. The more you and your ex can agree on, the less you’ll spend. Early legal advice, even just one good consultation, often prevents the kind of misunderstandings that turn a negotiated matter into a litigated one.
Can we agree on property between ourselves, or do we need to go to court?
You can absolutely reach an agreement between yourselves. Many couples do.
But there’s a critical distinction between reaching an agreement and making it legally binding. If you and your ex agree on how to divide everything and shake hands on it, or document it in a text thread, that agreement is not enforceable. Either of you can walk away from it at any point. If one of you remarries, becomes insolvent, or simply changes their mind, the other party has very limited recourse.
To make an agreement binding, you need either consent orders approved by the Federal Circuit and Family Court of Australia, or a binding financial agreement prepared by solicitors with independent legal advice for each party.
Neither of these requires a court hearing in the adversarial sense. Consent orders are typically filed through the Commonwealth Courts Portal and assessed on the papers. A binding financial agreement is a private document. Both give you the legal protection that a handshake deal simply doesn’t.
If you’re talking to each other and things are civil, that’s a real advantage. Use it. But convert the conversation into something that’s actually binding before the time limits close in.
Expert Tip: Starting negotiations without legal advice is common. Finishing them without legal documentation is where people get hurt. Even where both parties are acting in good faith, what seems like a fair deal today may look very different in five years.
What should I do first if I’m worried about the time limit?
Do three things.
First, establish the key date. If you were married, find your divorce order and confirm the date it took effect. If you were in a de facto relationship, identify the date of separation as precisely as you can. These dates drive everything else.
Second, don’t sign anything informal. If your ex is pushing you to agree to something now without legal advice, and framing the time limit as a reason to hurry, that’s a reason to slow down and get advice, not to rush.
Third, book a consultation with a family lawyer. Not to start a court case, not to become combative, just to understand your position. One conversation can tell you whether you have months or weeks, whether your informal arrangement has any standing, and what a sensible path forward looks like.
If you’re worried about missing the time limit, or you think you might already have missed it, contact the C + K Family Lawyers team for a confidential, no-obligation conversation about your circumstances.
Expert Tip: People delay getting legal advice because they’re worried it will escalate things. In most cases, the opposite is true. Good early advice often prevents the escalation that would have happened otherwise.
How do property settlement time limits work when there’s domestic violence or financial abuse?
If family violence or financial abuse has been part of your relationship, it may have directly affected your ability to act within the time limits. Courts recognise this.
An out-of-time application is more likely to succeed where the delay can be explained by circumstances connected to the violence or abuse, for example where one party was controlled financially, was afraid to seek legal advice, or was manipulated into believing the matter had already been resolved.
This is not a blanket exemption. But it is a relevant factor, and in some cases a compelling one. The court will look at whether you would suffer hardship if leave to proceed out of time is not granted, and the reason for the delay is directly relevant to that question.
If this applies to your situation, it’s important to document what happened and to get legal advice as soon as possible. Don’t assume the time limit is insurmountable before you’ve spoken to a lawyer.
Key Point: If family violence or financial control contributed to why you didn’t act within the time limit, that matters legally. It’s one of the strongest grounds for an out-of-time application. It needs to be raised and documented properly.
Can the court extend the deadline for property settlement, and when will it do that?
Yes, but not automatically and not easily.
To apply out of time, you need the court’s permission, known as leave. The court will look at why the application is late, whether the other party would be prejudiced if it proceeds, and whether hardship would result if leave is refused.
In practice, the court is more willing to grant leave where:
- The delay is relatively short and has an identifiable cause
- The other party has not changed their position in reliance on the matter being closed
- Significant hardship would result if the application is not allowed
- There are factors such as family violence, financial control, or concealment of assets that explain the delay
The court is less willing to grant leave where the delay is long, where there is no good explanation, or where the other party has genuinely organised their affairs on the assumption that property is settled.
An out-of-time application adds cost and uncertainty to your matter. It is a real legal fight, not an administrative step. If you think you might be outside the window, get advice before assuming either that it’s hopeless or that it’ll be straightforward.
Expert Tip: The strength of an out-of-time application depends entirely on the specific facts. General information can’t tell you whether yours would succeed. A proper assessment can.
How does superannuation fit into a property settlement?
Superannuation is treated as property under the Family Law Act 1975. It can be split as part of a settlement, and it’s one of the most commonly undervalued assets in a separation.
A superannuation split doesn’t involve one party receiving cash from the other’s super fund. Instead, a portion of the interest is transferred to the other party’s superannuation fund, where it remains subject to normal superannuation preservation rules.
This matters particularly where one party spent significant time out of paid work, for example to raise children, and their superannuation balance is substantially lower as a result. Over a 20 or 30 year working life, that gap can represent a very significant amount of money.
To split superannuation, you need either a court order or a binding financial agreement, and specific procedural requirements apply. The trustee of the super fund must be given an opportunity to be heard before any order is made.
Don’t assume superannuation is untouchable or that it’s a peripheral issue. In many relationships, it is one of the largest assets in the pool.
Key Point: If your superannuation balances are very different from each other’s, that gap belongs in the settlement conversation. It’s not a secondary issue. For many people, particularly after a long relationship with children, it’s the central one.
What if we separated, then got back together, then separated again?
When the relationship ends is not always clear-cut. For de facto couples in particular, where there is no formal divorce to mark the end, a period of reconciliation followed by a second separation complicates the date question significantly.
If you separated, reconciled genuinely, and then separated again, the relevant date is likely the second separation. If you stayed under the same roof but had genuinely separated, the date is more complex and may need to be established on the evidence.
This matters because the two-year clock for de facto couples runs from the actual end of the relationship. If you’re uncertain about that date, either because you tried to reconcile or because you lived together in separate rooms for a period, don’t estimate. The date may be disputed by the other party, and how it’s resolved affects whether you’re inside or outside the time limit.
Expert Tip: If there’s any ambiguity about when your relationship actually ended, document what you can remember now: when you stopped sharing a bedroom, when you told family or friends, when you opened separate accounts, when you began making independent decisions. These details matter.
Frequently asked questions
If we agreed on property in writing, are we done?
Not legally. A written agreement between you and your ex, whether by email, letter or text, is not enforceable under the Family Law Act 1975. To be binding, the agreement must take the form of consent orders approved by the Federal Circuit and Family Court of Australia, or a binding financial agreement prepared with independent legal advice for both parties. Until one of those is in place, either party can change their mind.
Can I deal with property and parenting arrangements at the same time?
Yes. They’re separate legal processes, but there’s no rule that says one must wait for the other. In many cases, it makes practical sense to work on both at once, because how property is divided often affects living arrangements, and living arrangements affect the children’s day-to-day stability. A family lawyer can help you manage both without creating unnecessary delay in either.
My ex says the property is all in their name so I have no claim. Is that right?
No. Legal title is not the same as entitlement in a property settlement. The court looks at contributions made throughout the relationship, financial and non-financial, and at the parties’ future needs. A person who made no direct financial contribution to purchasing a property may still have a significant claim based on other contributions, including raising children or supporting the other person’s career.
What happens to the family home while we’re sorting out property settlement?
There’s no automatic rule about who stays and who goes. In practice, one party often remains in the home, particularly where children’s stability is the priority. Who stays doesn’t determine who gets the house in the settlement. What happens to the mortgage, the outgoings and the equity are all negotiated as part of the settlement process. If you’re worried about your position in the short term, a family lawyer can advise on interim arrangements.
I can’t afford a lawyer. What are my options?
Legal Aid Queensland may assist in some family law matters, depending on eligibility. Community legal centres in Brisbane and on the Gold Coast also provide free or low-cost advice. If you and your ex are both cooperative, a collaborative or mediated process is significantly cheaper than litigation. Some family lawyers also offer fixed-fee consultations or payment plans. The best starting point is to ask.
What to do now
If you’re reading this because you’re worried about the time limit on your property settlement, the most useful thing you can do today is find out exactly where you stand.
Identify the key dates. Get your divorce order if you’re married, or think carefully about when your de facto relationship actually ended. Then speak to a family lawyer who can give you a clear-eyed answer about your position, your timeline, and your options.
Most property matters don’t need to become a court battle. They need a sensible plan, started at the right time.
If you’d like a confidential, no-obligation conversation about your property settlement, reach out to the C + K Family Lawyers team. We work with separating couples in Brisbane and on the Gold Coast, and we’ll tell you plainly what you’re working with.
This article is general information only and is not legal advice. Family law outcomes depend on your individual circumstances. For advice about your situation, speak with a qualified family lawyer.
About the Author
Christopher (Chris) Jones is the Principal Lawyer and co-founder of CK Family Lawyers, a Queensland family law firm. Chris advises on divorce, property settlement, parenting arrangements, binding financial agreements, mediation and domestic violence matters. After working in legal environments where clients felt depersonalised and lost in jargon, he co-founded the firm with Krystina Jones on the belief that people deserve family lawyers who genuinely care, and he works directly with his clients throughout their matters.
