Help! My Property Settlement time limit has expired – what do I do now?

Did you know that there are strict time limitations when it comes to separation and property settlement? If you do not make a property settlement claim in a timely manner, you may not be able to get the property assets you are entitled to.

For married couples, you must file an application for property settlement with the Federal Circuit and Family Court of Australia within 12 months from the date of your divorce. For de facto couples, you must submit an application no later than two years after the date of separation.

If you miss these time limits, the Court may consider your application if it is brought out of time. However, there are certain factors the Court will take into consideration.

In determining an application that is brought out of time and whether it is successful, the Court will take into account the following:

• The cause of the delay

The party making the application must have a good explanation as to why they missed the time limit, and the Court must be satisfied as to the reason for the delay. The Court’s discretion is used when determining out of time applications and the reasons for delay can differ from case to case.

• Any hardships either party will experience in the event the application is declined.

To establish hardship, the Court must be satisfied that your case has real prospects of success. The Court needs to determine if there would be a case to hear at all, and it will likely want to see that you or a child would suffer hardship if you could not pursue the property settlement. This could mean you would be unable to support yourself financially or that you have a claim with a reasonable chance of success.

• The validity of the Applicant’s case

You will need to show the Court that your property settlement claim has a reasonable chance of success.

• Whether either party would be prejudiced if proceedings were commenced

The Court will consider if the other party has reorganized their affairs, with the reasonable expectation that property proceedings would not be brought against them of if they were led to believe that no application was going to be made against them.

The Court has discretion in deciding whether to grant leave to out of time Applications. Even if you demonstrate hardship and have a strong case, there is no guarantee that your application will be accepted.

It is important to seek legal advice from a family lawyer to understand your rights and the best course of action. Contact one of our family law solicitors at Solari & Stock to help you prepare your application and ensure you meet the Court’s requirements.

To speak with one of our experienced Family Law Solicitors about your matter, contact our Sutherland Shire Team on 8525 2700, click here to request an appointment, or click on the Book Now button below. Our experienced team of Family Law Solicitors include Riccarda Stock, Nicole Quirk, Shweta Kumar, and Nikita Ward.

Article by Shweta Kumar
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