What Are the Property Settlement Time Limits After Separation in Queensland?

The time limits for property settlement after separation are short, and they apply to more than just a contested hearing. Knowing what they cover and how leave out of time works helps you plan before the clock runs out.

This page expands the existing overview to explain what the limits catch, how the court approaches leave, and the practical steps that protect your position. For detail on when each clock starts, see the companion page on the start date.

What the limits are and what they catch

Married couples must apply within 12 months after a divorce order takes effect (s 44(3)). De facto couples must apply within 2 years after the relationship ends (s 44(5)).

The limits apply to property settlement, superannuation splitting and spousal maintenance applications, including consent orders. A common misunderstanding is that a consent order filed by agreement avoids the limit. It does not. The application is still a property application and must be within time or covered by leave.

Property can be settled at any time after separation. A married couple does not need to wait for divorce. Many couples finalise property before any divorce is filed, which avoids the risk of a divorce being granted while negotiations are still on foot. Note that you cannot apply for a divorce until you have been separated for at least 12 months. This means you generally have a flexible window, but waiting for a divorce to start property negotiations is a risky strategy. A financial agreement or consent orders can finalise property without a hearing. Consent orders are filed with the Federal Circuit and Family Court of Australia and, once made, have the same effect as a litigated order.

Additional context from the earlier shorter page has been consolidated here: the limits depend on your relationship type, 12 months from divorce for married couples and 2 years from separation for de facto couples, and missing them requires leave on hardship grounds which is not guaranteed.

How the two clocks interact with divorce timing

For married couples, the 12 month clock does not start at separation. You must first be separated for at least 12 months before you can apply for a divorce, and only when the divorce order takes effect does the property clock start. That sequencing often gives married couples more time in practice than the headline 12 months suggests, but it also creates a trap where a divorce is granted while property talks are still drifting. For de facto couples, the clock starts at the end of the relationship, so the timing of that end date can be disputed and should be documented with leases, address changes and messages. Where the end date is contested, the court looks at joint leases, bank accounts, witness statements and communications about the separation.

Evidence that helps if timing is disputed

If a de facto end date or a divorce date is in issue, keep the documents that prove it. Useful records include a lease showing when one party moved, change of address notices, separate bank accounts, messages confirming the separation and the divorce order itself. For married couples, the divorce order is a court document and the date it takes effect is easy to prove; for de facto couples, the broader evidence often decides whether the two year window has expired.

Leave out of time

The court may grant leave to apply out of time if satisfied that hardship would be caused to a party or a child if leave were not granted (s 44(4) and s 44(6)). The court also considers the length of and reasons for the delay and the strength of the claim. That test is not met by general assertions about fairness. The court looks at why the delay happened, what the applicant did in the meantime, whether the other party will suffer prejudice if the matter proceeds late, and whether there is a real case to be tried.

Because the test is discretionary, leave should never be treated as a safety net. Filing within time is the only reliable way to preserve the right to seek orders.

Practical steps that reduce the risk of needing leave are straightforward.

• Diarise the deadline from the date the divorce order takes effect or the date the de facto relationship ended, not from when you first sought advice.
• Exchange financial disclosure early so both sides can assess the pool and the issues before the deadline approaches.
• Try negotiation or mediation while the clock is running, but set a filing date if agreement is not near.
• Prepare consent orders early where agreement is reached, so they can be filed within time.
• Keep a record of separation communications and divorce dates, as these are the points the court will examine if timing is disputed.

Example

A couple separated two years ago and divorced six months ago. They are still negotiating and one says to wait and see. The married 12 month clock started when the divorce order took effect, not when they separated, so the remaining time is about six months. The de facto comparison is different: if they had been de facto, the two year clock would have started at separation and would already have expired. In the married case, the parties can still settle by consent orders filed within the remaining time. If they miss it, they will need leave and must show hardship, which is not guaranteed.

What to do next

If you are near either limit, talk to a lawyer early enough to prepare disclosure and, if needed, file. Consent orders and financial agreements are often faster than a contested hearing and can be filed within time where a full trial cannot. The companion clock page sets out how to work out the start date for your relationship type.

For married couples, the practical effect is that you can finalise property at any time after separation, and you do not need to wait for the divorce. For de facto couples, the two year period from the relationship end is the critical date to diarise, and evidence of that end date should be kept from the time it happens.

The older shorter page on this topic has been consolidated here, with an alias preserving its URL, so that all time limit guidance lives in one place and no incoming link is broken.

If you have an existing financial agreement, check whether it already deals with property, as that may affect whether you need to file at all and how the time limits apply.

See Also

• When does the property settlement clock start?
• What counts as separation in family law?
• Property settlement without court
• Legal Matters Ep 21: de facto and married property
• Gold Coast property settlement timeline

This page provides general legal information only; it is not personal legal advice. Everyone’s situation is different, so please seek independent legal advice for your own circumstances.