How long do I have to settle property after separation in QLD?

The time limits for property settlement in Queensland depend on whether you were married or in a de facto relationship.

For Married Couples

Under section 44(3) of the Family Law Act 1975 (Cth), you must commence proceedings for property settlement or obtain consent orders within 12 months of your divorce order becoming final.

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.

For De Facto Couples

Under section 44(5) of the Family Law Act 1975 (Cth), you must commence proceedings within 2 years of the date of separation.

What happens if I miss the deadline?

If you miss these deadlines, you will need to apply to the court for “leave” (permission) to proceed out of time. The court will only grant this if you can demonstrate that “hardship” would be caused to you or a child if the application were refused. This is a high legal bar and is not guaranteed.

For more details on the process, read our full guide: Gold Coast Property Settlement: A Step-by-Step Timeline

Speak to a family lawyer today. Bell & Senior Lawyers provides strategic advice on all property settlement matters. Contact us for a confidential consultation.