Time Limits in Family Law and Divorce Matters: What You Need to Know

Key Takeaways

• There are several important time limits in family law that can impact your ability to resolve your matter efficiently.
• Property settlements and spousal maintenance have strict timeframes that must be followed.
• Missing a time limit may not automatically prevent you from bringing a claim, but it can make your matter more complex and costly.
• Acting early and seeking legal advice ensures you understand your options and meet all relevant deadlines.

When separating from your former partner, there’s a lot to think about — from practical arrangements to major decisions about finances and children. On top of this, the family law system imposes certain time limits that can significantly affect your rights.

At Hulse Family Law, our Wollongong family lawyers help clients navigate these timeframes to ensure that important steps aren’t missed and that your case can proceed efficiently.

Why Do Time Limits Matter in Family Law?

The time limits in the Family Law Act 1975 (Cth) have been designed to promote fairness and efficiency. They give both parties a reasonable opportunity to finalise their financial and parenting matters, while also discouraging unnecessary delays that can increase emotional and financial stress and uncertainty.

Failing to act within these limits can make your case more complex, as you may need to seek special permission from the Court to proceed “out of time”. This can be difficult, time-consuming and expensive — which is why early legal advice is essential.

Divorce Time Limits in Australia

When can I apply for a divorce?

To apply for a divorce in Australia, you must have been separated for at least 12 months. This separation can occur even if you and your spouse continue to live under the same roof, but you’ll need to file an affidavit explaining the circumstances of your separation. If you live separately, the process is generally simpler and avoids the need for additional evidence which can cost more.

Serving divorce papers

If you make a sole divorce application, you must serve the divorce papers on your former spouse within the following timeframes:

• At least 28 days before the court hearing if your spouse is in Australia.
• At least 42 days before the hearing if your spouse is overseas.

If you cannot locate your spouse, you may be able to apply to the Court for substituted service or a dispensation of service.

When does the divorce take effect?

Once the divorce order is granted, it becomes final one month and one day after the order date. Only then is the divorce legally effective.

Property Settlement Time Limits

Finalising your financial matters promptly after separation is crucial. Different time limits apply depending on whether you were married or in a de facto relationship.

Married couples

If you were married, you must apply for property settlement within 12 months after your divorce becomes final. If you have not yet divorced, you can apply for property settlement at any time (you don’t have to wait to get divorced first) — but it’s best not to delay, as evidence may become harder to obtain over time and other factors can affect your entitlements.

De facto couples

If you were in a de facto relationship, you must apply for property settlement within two years of separation.

What if you miss the deadline?

It’s sometimes possible to apply “out of time”, but only if the Court grants permission.

You must usually demonstrate that you or a child of the relationship would suffer ‘hardship’ if the application is not allowed; or

The Court will also consider the length of the delay, reasons for it, the merits of your case, and any prejudice to the other party. Because these applications can be complex and uncertain, it’s strongly recommended that you seek legal advice early to protect your entitlements.

De Facto Separation: Why the Date Matters

Unlike a marriage, there is no formal legal process for ending a de facto relationship. However, accurately identifying and agreeing on the date of separation is critical, as it determines when the two-year limitation period begins. To avoid disputes, it’s best to clearly communicate the separation to your former partner in writing and record the date for future reference.

Parenting Matters

There are no statutory time limits for applying for parenting orders. However:

• The timing of your application may affect whether it is treated as urgent; and
• If you are served with a parenting application, you must file a response within 28 days.

While there’s no deadline for parenting orders, it’s still best to seek advice promptly to ensure any agreements or court applications reflect your child’s best interests.

Other Important Family Law Timeframes

Once court proceedings begin, additional deadlines apply:

• A Response to an Initiating Application must usually be filed within 28 days of being served;
• An Application for Review of a Registrar’s decision must be filed within 21 days; and
• A Notice of Appeal against a Judge’s decision must be filed within 28 days of the order.

Courts may also set specific deadlines in interim or procedural orders — failure to comply can result in delays or orders being made in your absence.

Acting Early Protects Your Rights

Missing a family law time limit doesn’t always mean you’re out of options, but it can make your matter more complicated. Acting early helps you avoid unnecessary stress, delay, and expense — and ensures you maintain control over your outcome. If you’ve recently separated or are thinking about separation, now is the time to get legal advice about your situation and any time limits that may apply to you.

Speak to a Family Law Specialist in Wollongong

At Hulse Family Law , our experienced family lawyers in Wollongong help clients understand their rights, meet critical deadlines, and resolve family law disputes efficiently and with care. If you need advice about divorce, property settlement, or parenting matters, we’re here to help.

Based in Wollongong with an office in Berry, we assist clients across the Illawarra, Shoalhaven and surrounding areas.

Contact us today to book an obligation free confidential consultation.

Contact us today for an obligation-free consultation with an experienced Wollongong family lawyer about divorce mediation, parenting arrangements, or property settlement.