When does the property settlement time limit start for married couples?

For married couples, the 12 month limit starts when the divorce order takes effect, usually one month and one day after it is made. Separation alone does not start the clock.

When does the time limit start for de facto couples?

De facto couples must apply within 2 years after the relationship ends, which is usually the date of separation. There is no divorce step to reset or delay the clock.

Can I apply for property settlement after the deadline?

Married couples can apply late if both parties consent or the court grants leave. De facto couples generally need the court's leave. For leave, the court must be satisfied that refusing it would cause hardship to you or a child, and it looks at the delay and the strength of your case.

Does the time limit apply to consent orders and superannuation splitting?

Yes. Consent orders and superannuation splitting orders are property orders, so the same time limits apply. A late consent application may still need leave or the other party's consent.

Should I wait until divorce to sort out property?

Usually not. Married couples can finalise property before divorce. Waiting risks the 12 month clock starting while negotiations are stalled.

Your property settlement deadline may be closer than you think

The property settlement clock starts on a different date depending on whether you were married or in a de facto relationship. Married couples have 12 months from the date their divorce order takes effect. De facto couples have 2 years from the date the relationship ended. Missing the deadline does not end your rights automatically, but it means persuading the court to give you leave, which is a hurdle you want to avoid.

These rules come from s 44 of the Family Law Act 1975 (Cth) and apply to all property and spousal maintenance applications in the Federal Circuit and Family Court of Australia.

The two clocks side by side

	Married	De facto
What starts the clock	Divorce order taking effect	End of the relationship (usually separation)
Time allowed	12 months	2 years
Section	s 44(3)	s 44(5)
Late application	Leave of the court, or consent of both parties, s 44(3) and (4)	Leave of the court, s 44(6)
Can property be settled early?	Yes, before or after divorce	Yes, any time after separation

A divorce order usually takes effect one month and one day after it is made. For married couples, that means the real deadline is roughly 13 months after the divorce hearing, not 12 months after separation.

Separation does not start the married clock. Many separated spouses think they have 12 months from separation. They do not. The clock only starts once a divorce order takes effect, and the de facto 2 year clock runs from the relationship ending, not from any court step.

Pinning down the start date

Married couples

The divorce order is a court document, so the date is easy to prove. The practical risk is that one party applies for divorce while property negotiations drag on. Once the order takes effect, 12 months passes quickly.

De facto couples

The end date of a de facto relationship is often disputed. One partner may say it ended when they moved out. The other may point to continued finances, holidays or intimacy. Keep records such as a lease, change of address notices, separate bank accounts or messages confirming the separation. See what counts as separation for practical first steps.

De facto claims also require the relationship to meet the Act’s threshold, usually 2 years together, a child of the relationship, or substantial contributions.

Example

Sam and Priya separated in March 2024 and their divorce order took effect on 15 August 2025. Their property deadline is 15 August 2026. If they had been de facto partners, their deadline would have been March 2026, about five months earlier, even though they separated on the same day.

Missing the deadline

For married couples, proceedings can still be started after the deadline if both parties consent, or with the court’s leave. The court can grant leave if it is satisfied that refusing leave would cause hardship to the applicant or a child. It also considers:

how long the delay was and why it happened
whether the applicant has a real claim worth pursuing
prejudice to the other party, who may have rearranged their life believing the matter was closed

Leave is decided case by case and should never be relied on as a plan.

Diarise both dates now. If you are near either limit, file or at least get advice before it passes. Superannuation splitting and consent orders are caught by the same limits. Contact our family law team on (07) 5532 8777 or through our contact page .

When Does the Property Settlement Time Limit Start for Married and De Facto Couples?

The two clocks side by side

Pinning down the start date

Married couples

De facto couples

Example

Missing the deadline

See Also

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