The Time Limits
Married Couples
12 months from the date your divorce order becomes final.
Your divorce is final one month and one day after the court makes the divorce order. The 12-month clock starts then.
De Facto Couples
2 years from the date of separation.
No divorce needed for de facto couples, so the clock runs from when you separated.
What Happens If You Miss the Deadline?
You can still apply, but you need the court's permission to proceed out of time.
Factors the Court Considers
- Why are you late?
It's Not Guaranteed
The court may refuse permission, especially if:
Examples
Permission Likely Granted
- A few months over the deadline
Permission May Be Refused
- Years over the deadline
Protecting Yourself
Before Deadline
- Start discussions early
If Deadline Approaching
- File urgently
Special Circumstances
International Issues
If property is overseas or parties live overseas, complications arise. Get specialist advice.
Death of a Party
If your ex dies, you may have even less time. Their estate may need to be dealt with quickly.