Key Takeaways
- The property settlement time limit is 12 months from your divorce becoming final, or two years from the end of a de facto relationship.
- You don't have to wait for a divorce to apply for property orders.
- Spousal and de facto partner maintenance have the same time limits.
- If you miss the limit, you need the Court's leave or consent to proceed, and permission is only granted in limited circumstances.
What Is the Property Settlement Time Limit?
The property settlement time limit is 12 months from the date your divorce becomes final, or two years from the end of a de facto relationship. The Court's guidance says an Application for Consent Orders can be filed any time after separation, but should be filed within those limits.
You don't have to wait for a divorce. If you're married and your divorce isn't finalised, you can still apply for financial or property orders.
| Application |
Time limit |
Runs from |
| Property settlement (married) |
12 months |
Your divorce becoming final |
| Property settlement (de facto) |
Two years |
The end of the de facto relationship |
| Spouse maintenance |
12 months |
Your divorce becoming final |
| De facto partner maintenance |
Two years |
The breakdown of the relationship |
How to Work Out Your 12 Months
The clock for married couples runs from the day your divorce becomes final, not from the day you separate or the day you file for divorce. That's a separate timeline from the 12 months of separation you need before applying for a
divorce application.
- Find the date: check when your divorce order became final.
- Count 12 months: that is your filing deadline.
- Work backwards: leave time to agree terms, gather documents and sign.
- File early: the limit applies to when you file the application, not when it's approved.
We prepare your Consent Orders in 24 hours (guarantee terms apply), so drafting rarely needs to be the bottleneck.
Plan Your Timeline Before the Limit
Several steps sit between agreeing terms and filing. This table shows the timing rules the Court sets, so you can work backwards from your deadline.
| Step |
Timing to allow for |
| Superannuation value |
Dated not more than 3 months before your application |
| Trustee notice (super splitting orders) |
Written notice at least 28 days before filing, and the trustee has 28 days to object |
| Statement of Truth |
Application lodged within 90 days of the first signed Statement of Truth |
| Filing |
Within 12 months of divorce becoming final, or two years from the end of a de facto relationship |
| Registrar's decision |
With us, typically a Consent Orders hearing in 4 to 6 weeks after filing |
What Happens if You Miss the Deadline?
You can still apply, but you'll need the Court's leave, and your agreement with your ex matters. The Court's guidance says that if you file outside the time frame, you must consent to the Court making the proposed property and maintenance orders, or seek leave of the Court.
- Seek leave: include an order for leave to apply out of time as the first order in your proposed orders.
- Consent: confirm on the application that you consent to it proceeding out of time.
- Do both properly: if you don't, the Court might dismiss your application.
- No guarantee: permission is only granted in limited circumstances.
If a claim isn't started within the time limit, the right to pursue it may be lost. A handshake deal gives you no protection if your ex changes their mind.
De Facto vs Married Couples
De facto couples don't get a divorce, so there's no divorce date to count from. Instead, the two years runs from the end of the relationship.
Pinpointing the separation date can cause disputes. One of you might say June and the other December. Getting your agreement into Consent Orders early removes that argument.
- Married: 12 months from the divorce becoming final.
- De facto: two years from the end of the relationship.
- Different state rules: de facto applications have special requirements, so check which court and forms apply to you.
Why Acting Early Protects You
Many separations go wrong in what we call the approval gap. That's the period between agreeing on terms and putting them into Consent Orders, when second thoughts creep in and a deal that felt settled becomes negotiable again.
- Certainty: until your settlement is binding, you can't easily refinance, transfer a property or split your finances.
- Stamp duty: property transferred under Consent Orders can be exempt, as our guide on stamp duty after a divorce explains.
- Fixed cost: our Rapid Consent Orders Package is a $1,980 fixed fee, with filing in the Family Court included.
- Experience: Melita Lloyd has 15+ years in family law and we've prepared nearly 2,000 Consent Orders.
If you've agreed on a split, our
consent orders for a property settlement service turns it into court-ready orders. Check the Court's own guidance on
applying for consent orders too.
Frequently Asked Questions
Is there a time limit on property settlement?
Yes. If you were married, you should apply within 12 months of your divorce becoming final. If you were in a de facto relationship, you should apply within two years of the end of the relationship. After that, you need the Court's leave, or your consent to the application proceeding out of time.
How long does an ex partner have to claim on my house?
Generally 12 months from your divorce becoming final if you were married, or two years from the end of a de facto relationship. Past that, they need the Court's permission, which is only granted in limited circumstances. A formal settlement through Consent Orders brings the financial link to an end.
Do I have to wait for my divorce before settling property?
No. An Application for Consent Orders can be filed any time after separation. If you're married and your divorce isn't finalised, you can still apply for financial or property orders. Many people settle first, because it removes uncertainty and means you aren't watching the clock after the divorce.
What does leave to file out of time mean?
It means asking the Court's permission to apply after the time limit has passed. For an Application for Consent Orders, you include an order for leave to apply out of time as the first order sought, and consent to the application proceeding out of time. If you don't do both, the Court might dismiss it.
Can we still settle if the 12 months has already passed?
Possibly. If you both agree, you can seek leave in your proposed orders and consent to the application proceeding out of time. Permission is only granted in limited circumstances, though, so don't assume it will be given. Get legal advice quickly, because every extra week adds risk to your settlement.
Does the 12-month limit apply to spousal maintenance?
Yes. If you were married, an application for spouse maintenance must be made within 12 months of your divorce becoming final. For de facto couples, an application for de facto partner maintenance must be made within two years of the breakdown of the relationship.
Book a Free 15-Minute Call
Don't let the deadline catch you out.
Book a free 15-minute call or ring us on 0416 280 901 and we'll map out your timeline.
This article is general information only and isn't legal advice.
