Family Law Time Limits After Separation: The Deadlines That Catch People Out

Family law is full of deadlines, and missing them can mean losing rights you assumed you had. These are the time limits that catch people out most often.

Property Settlement: 12 Months After Divorce

Once a divorce order takes effect, you have 12 months to apply for property settlement or spousal maintenance orders. After that, you need the court's permission ("leave") to bring a claim — and leave is not granted automatically. Many people don't realise that getting divorced starts this clock; if your property is not yet sorted, get advice before you file for divorce, not after.

De Facto Couples: 2 Years After Separation

For de facto relationships (including same-sex couples), the property settlement window is 2 years from the date of separation. Because there is no formal event like a divorce order, the separation date itself can be disputed — another reason to record it clearly. See our guide to de facto rights in NSW.

Divorce Itself: 12 Months of Separation First

You cannot apply for divorce until you have been separated for 12 months — including separation under one roof. Married less than 2 years? Counselling requirements apply before a divorce application.

Responding to Court Documents

If you are served with an application, response deadlines are short — typically measured in weeks before the first court event. Ignoring served documents is the single most damaging thing you can do; orders can be made in your absence.

Deadlines That Are Really About Risk, Not Rules

• Superannuation and assets move. The longer settlement waits, the more the pool changes — values shift, assets get spent, and disputes grow.
• Parenting patterns set quickly. The arrangements in place shortly after separation often influence what continues; get advice early rather than accepting an arrangement by default.
• Wills and super nominations. Separation does not automatically change your Will or your superannuation death benefit nomination. Update both promptly — see our estate planning services.

Missed a Deadline Already?

All is not necessarily lost — the court can grant leave to proceed out of time in limited circumstances, particularly where hardship would result. But it is discretionary, uncertain and more expensive. If you are near or past a limit, get advice immediately.

General information only, not legal advice.

Need legal advice? James Papas Solicitors offers free first consultations for all Family Law matters. Our offices are in Parramatta and we serve all of Western Sydney. Learn more about our Family Law services → or contact us today.