If you were married to the other party:
- You can apply at any time after separation (even if you are not yet divorced)
- You can apply up to 12 months after divorce
- If you are out of time (more than 12 months after divorce) you will need the consent of the other party or an order of the court granting leave to apply for division out of time
If you were in a defacto relationship:
- You must meet one of the threshold requirements for the Family Law Act 1975 to apply with respect to a division of property, in summary these are:
- a relationship of at least 2 years; or
- there being a child of the relationship; or
- that one party made substantial contributions and serious injustice would result from a failure to make an order; or
- the relationship was registered under a State or Territory law.
- If you meet one of the threshold requirements, then you can apply at any time after separation up to 2 years from final separation
- If you are out of time (more than 2 years after final separation) you will need the consent of the other party or an order of the court granting leave to apply for division out of time
The above is a broad general statement of the law in this area. Your circumstances may be exceptional. It is always recommended that you seek advice specific to your circumstances from a lawyer experienced in family law.
If we can help you with any of the above, please don’t hesitate to get in touch.
MORGAN COUZENS LEGAL
If you would like to read more about family law, please read the following blogs:
Do I need a divorce? What is the correct term for my family law matter?
