Family Law Advisors

Property Settlement After Divorce

Already divorced and sorting out property now? Here's what to know about timing, and how to get an already-agreed settlement formalised properly.

Divorce and property settlement are two separate processes, and plenty of people sort out property after the divorce itself is finalised. If that's you, the main thing worth knowing early is that there is generally a time limit to be aware of.

The general time limit rule

As a general rule, if you were married, you generally have 12 months from the date your divorce order takes effect to apply for property settlement orders. If you were in a de facto relationship, the general rule is 2 years from the date you separated. These are general statutory time limits, not advice about your specific situation - there can be exceptions, and whether one applies to you needs a proper look at your own circumstances. If you are unsure where you stand, it is worth speaking with an independent family lawyer in our network about your specific timing sooner rather than later.

Already agreed - what happens now

If you and your ex-partner have already worked out how to split your property, the good news is that the hard part is done. What's left is largely paperwork: preparing your settlement documents properly, having an independent family lawyer in our network review them, and formalising the outcome - often through consent orders. See our full property settlement page for how the whole process works, or our DIY Kit if you'd like to start preparing the paperwork yourselves.

General information only

The time limits above are general rules under Australian family law, not individual legal advice, and there can be exceptions depending on your circumstances. If you're unsure whether they apply to you, or whether it's too late to apply, speak with an independent family lawyer in our network about your specific timing before assuming either way.

Questions about property settlement after divorce

Is there a time limit for property settlement after divorce?
Generally, yes. As a general rule, married couples have 12 months from the date their divorce order takes effect to apply for property settlement orders, and de facto couples generally have 2 years from separation. These are general timeframes, not individual advice - whether they apply to your situation, and whether an extension might be possible, depends on your circumstances. Speak with an independent family lawyer in our network about your specific timing.
What if it's been more than 12 months since our divorce?
It may still be possible to apply, but you'd generally need the court's permission to do so out of time, which isn't guaranteed. This is exactly the kind of question worth raising with an independent family lawyer in our network early, rather than assuming either way - get in touch and we can point you in the right direction.
Do we need to be divorced first to do a property settlement?
No. Property settlement is a separate process from divorce, and you can formalise your agreement before, during or after your divorce is finalised. Some couples prefer to sort out property first; others deal with it afterwards - either way, the same general time limits apply once you are divorced.

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