Family Law Time Limits – What You Need to Know

If you’re divorcing, separating or going through a property settlement or custody negotiation, your mind will rightly be on those matters. But an important element of every family law matter is the applicable time limit. It’s important that you take action during the correct time period so you don’t find yourself with limited options.

So what are the family law time limits, and when do they apply?

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What are family law time limits?

Family law time limits (or limitation periods) are simply the dates by which you must have taken action. They are set by Parliament and their goal is to stop people from bringing family law matters far after it would be reasonable.

For example, let’s say you and your de facto partner split and simply walked away with what you believed to be your property out of the relationship. If your ex-partner then brought an action against you a decade later to recover elements of that property, that simply would not be reasonable. You likely wouldn’t still have it. Or if you did, it’s unreasonable to believe that they had a claim over it.

So, in effect, family law time limits weigh up the interests of the party and set time limits to encourage people to act reasonably.

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Important family law time limits

There are a few main limitation periods in family law. These include:

• De facto couples. You must take action to resolve property and financial matters within two years of the date of separation. Often there are disagreements over the date of separation. It is best to seek legal advice early to ensure you’re meeting the requirements. 
• Married couples. You must take action to resolve property and financial matters within 12 months from the date of your Divorce Order. If you separate, but don’t divorce, seek advice. There may be different factors at play that could impact your right to take action.

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Late applications

Sometimes applications are late. In this case, you may have some recourse by seeking the permission of the Family Court to bring proceedings. The Family Court will look at a number of factors before granting ‘leave’ – as it is known. These include:

• Length of delay
• Reasons for delay
• Strengths of the case
• Prejudice that might occur against the responding party
• Degree of hardship against the applying party if leave is not granted

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When it comes to family law matters, early is always better. Not only does this ensure that you don’t run up against family law time limits, but it also means that you’ll be able to finalise your matter and move on more quickly. This means less time spent handling the situation and less money spent overall. 

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Get in touch. We’re here to help!

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