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The Family Court and the Federal Circuit Court are the Courts that hear and determine applications for property division. These Courts can also approve Orders agreed on by parties. These are known as Consent Orders. Time limits apply to applications for property division and maintenance Orders. The time limits apply to marriages and to de facto relationships (including same sex relationships).
A party to a marriage or a de facto relationship must commence their application within the time limits. There are time limits applying to applications for property division. The Family Law Act 1975 provides for parties to a marriage or a de facto relationship to be able to make an application to the Court for a property division but if the application is not made within the time limits the application can be “Statute Barred”.
Time Limits for Parties to a Marriage
Where parties are married, an application for property settlement / division must be made within 12 months of the date of the Divorce Order or Decree of nullity of a marriage.
In the event the parties do not make application for a property division within that time then they are precluded from seeking orders from the Court in relation to a property division unless:-
Time Limits for De Facto Partner
Time limitations also apply to de facto relationships seeking property division. The property division application must be made within a period of two years after the end of the de facto relationship. This period of time is known as the standard application period.
The Court may grant leave to a party to apply after the end of the standard application period if it is satisfied that:-
Please do not hesitate to contact Richard Watson or Dennis Grant who are happy to assist with any concerns or queries you may have as to exactly when you are required to commence proceedings for “property division”.
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