The short answer
Section 44 of the Family Law Act 1975 sets the usual deadline. If your divorce is final, start with the date the order took effect and count 12 months. If you are close to, or beyond, that date, get legal advice promptly because late proceedings require the other party's consent or the Court's permission, and permission is not automatic.
When does the property-settlement time limit start?
The clock starts when the divorce order takes effect. The Federal Circuit and Family Court of Australia says a divorce usually becomes final one month and one day after the divorce hearing, but you should check the effective date shown on your divorce order rather than estimate it.
Separation and divorce are different events. You generally need to be separated for at least 12 months before applying for divorce, but that separation period is not the married-couple property deadline. You can negotiate, apply for property orders or file agreed consent orders after separation without waiting for the divorce to become final.
Separated, not divorced
The 12-month post-divorce clock has not started merely because you separated.
Divorce now final
Use the effective date on the divorce order to identify the usual 12-month window.
Deadline may have passed
Do not assume the claim is over, but do not delay getting advice about consent or leave.
What if more than 12 months have passed?
Missing the usual period does not automatically decide who owns what, and it does not mean the Court will automatically hear a late application. Under the current section 44 framework, proceedings may be commenced after the deadline if both parties consent or if the Court grants leave. The Court can refuse leave.
For a late property application relying on leave, the legislation requires the Court to be satisfied that hardship would be caused to a party or a child if leave were not granted. Whether that threshold is met depends on evidence and the circumstances. This guide does not predict that decision.
Do not assume negotiations stop the clock
An informal agreement, mediation or ongoing messages are not the same thing as commencing court proceedings. If the date is close, ask a family lawyer what must be filed and when. The correct step depends on whether you agree, whether urgent orders are needed and which court has jurisdiction.
What should you do if the deadline is approaching?
- Find the divorce order. Confirm the date it says the order took effect.
- Write down what is unresolved. Include the home, savings, debts, superannuation, businesses and any informal agreement already made.
- Gather current values and disclosure. The property process looks at the financial position, not only the separation-day snapshot.
- Work out whether there is agreement. Agreed financial consent orders use a different filing path from disputed proceedings.
- Get deadline-specific advice. This is especially important if the other person will not disclose information, assets may be sold, family violence is present, or the date may already have passed.
How agreed and disputed pathways differ
If you agree
You can apply for financial consent orders after separation. For an out-of-time Application for Consent Orders, the Court's current guidance says to include leave to apply out of time as the first proposed order and record consent to proceeding out of time at Question 10A. The Court may dismiss the application if both are not done. Read how consent orders work.
If you cannot agree
The Court's financial-proceedings practice direction says an out-of-time applicant seeking leave must ask for it as an interlocutory order and file an affidavit stating the supporting facts. Pre-action procedures usually apply unless an exemption does.
Does the two-year de facto deadline apply here?
No — not to a property matter arising from a marriage. For de facto relationships, the usual federal deadline is two years after the relationship ends. Western Australian de facto matters use the Family Court Act 1997 (WA) and the Family Court of Western Australia, although the Court's official guidance also identifies a two-year period. Married couples in Western Australia still need to consider the federal 12-month post-divorce rule.
Frequently asked questions
Can I settle property before divorce?
Yes. Divorce legally ends the marriage; it does not decide property. Married couples can deal with property after separation and before the divorce is final.
Is the deadline 12 months after separation?
No. For a property matter arising from a marriage, the usual deadline is 12 months after the divorce order takes effect. The two-year period from relationship breakdown is the usual rule for de facto matters.
Does an informal property agreement meet the deadline?
Do not treat an informal agreement as equivalent to a filed court application or binding financial agreement. If you want an agreed division made into court orders, review the Court's filing requirements and get advice before the deadline.
Can the Court extend the deadline?
The Court may grant leave for a late application, but the statutory test must be met and a grant is not guaranteed. Both parties' consent can also be relevant under the current section 44 framework. Get advice about the facts and filing requirements.
Related property-settlement guides
- Understand the factors that affect a property settlement.
- See why an unequal outcome such as a 70/30 property settlement is possible but never automatic.
- Use the free property settlement calculator to organise a starting estimate.
- Compare the practical costs of formalising an agreement.
Primary sources and important note
This guide was checked against the current Family Law Act 1975, section 44; the Court's divorce overview, financial and property time-limit guidance, financial proceedings practice direction and consent-order filing guidance; the Attorney-General's Department's property information; and the Family Court of Western Australia's consent-order guidance.
General information only. This page is not legal advice and cannot calculate a limitation date for you. Court rules, exceptions and the right filing step depend on the facts. If a deadline may be close or passed, seek independent family-law advice promptly.