Property Settlement After Divorce
Already divorced and sorting out property now? Here's what to know about timing, and how to get an already-agreed settlement formalised properly.
Divorce and property settlement are two separate processes, and plenty of people sort out property after the divorce itself is finalised. If that's you, the main thing worth knowing early is that there is generally a time limit to be aware of.
The general time limit rule
As a general rule, if you were married, you generally have 12 months from the date your divorce order takes effect to apply for property settlement orders. If you were in a de facto relationship, the general rule is 2 years from the date you separated. These are general statutory time limits, not advice about your specific situation - there can be exceptions, and whether one applies to you needs a proper look at your own circumstances. If you are unsure where you stand, it is worth speaking with an independent family lawyer in our network about your specific timing sooner rather than later.
Already agreed - what happens now
If you and your ex-partner have already worked out how to split your property, the good news is that the hard part is done. What's left is largely paperwork: preparing your settlement documents properly, having an independent family lawyer in our network review them, and formalising the outcome - often through consent orders. See our full property settlement page for how the whole process works, or our DIY Kit if you'd like to start preparing the paperwork yourselves.
The time limits above are general rules under Australian family law, not individual legal advice, and there can be exceptions depending on your circumstances. If you're unsure whether they apply to you, or whether it's too late to apply, speak with an independent family lawyer in our network about your specific timing before assuming either way.