SEPARATION & RELATIONSHIP BREAKDOWN IN AUSTRALIA

 

Separation Time Limits

 

Time frames as to whether you have spent enough time living together as an opposite sex or same sex de facto couple or whether the circumstances of your relationship mean you are in a de facto relationship, are detailed in our separate fact sheet in the de facto relationships section.

You can start talking about (and finalise) your property settlement as soon as you like after separation. 

There is no minimum time frame which must elapse first and you do not have to wait for a divorce to occur. 

Separation is traumatic and emotional which can mean some people will need more time than others before they are ready to consider financial and property settlement issues.

A maximum time limit does apply to spousal maintenance, property division and property settlement. 

There must be an Application to the court for property settlement and/or spousal maintenance within:

  • 1 year of a divorce becoming absolute for married couples; or

  • 2 years of separation for de facto couples.

An application to the court for leave to proceed with a property settlement outside the time limit will only be granted in limited circumstances. 

If you are close to the time limit expiring, you should urgently seek legal advice to protect your rights, property, assets and entitlements. 

 

Separation - More Information

 

Following a list of what you need to do can be very helpful. See our checklists:

You may want to read our fact sheet The Stages of Separation: How it will affect you & your former partner to understand what you or your partner are going through.

If you have separated our fact sheet Separation: What you need to know & where to get free help is a must read.

Our fact sheet How does Separation & Relationship Breakdown affect my Will, family after your death, Superannuation & Life Insurance also contains important information.

If you own land, houses or buildings with your former spouse then you can read how that is affected in our fact sheet How does Separation & Relationship Breakdown affect Jointly Owned Property.

 

Please show support for our free service by liking our Facebook Page

Find Us on Facebook

Content By:
Michelle Beatty
MRB LAW

Other Questions answered in the Separation & Relationship Breakdown Section

 

You might also be interested in the following sections of our website
(access by clicking below or from the left side Navigation Menu)

 

Publishing Rights:
You may republish our Fact Sheets in your website, newsletter, or book, on the condition that you agree to leave the article, author’s signature, and all links completely intact as well as make reference to the fact it is provided courtesy of:
“www.diyFamilyLawAustralia.com”

TOPICS

HOW WE HELP
Middle Aged Man


"I don't want to
lose everything.
I need to know
where I stand.
"


Middle Aged Man

"I can't afford
legal costs. I
need help to
do as much as
I can myself.
"



GET HELP
FROM US
SO YOU

  • Do It Yourself
  • Avoid Legal Costs
  • Reduce Stress
  • Know Your Rights
  • Understand your
    Obligations
  • Prepare your case
    thoroughly
GET HELP
MRB Law Ask about our Fixed Fee Options

WE HELP YOU

  • DO IT YOURSELF
  • AVOID LEGAL COSTS
  • REDUCE STRESS
  • KNOW YOUR RIGHTS
  • UNDERSTAND YOUR OBLIGATIONS
  • PREPARE YOUR BEST CASE

 

Get Important Updates, Tips, Free Advice Sessions by liking us on Facebook

 

Full List of Free Fact Sheets available on DIY Family Law Australia's Website

 

Ask DIY Family Law Australia a Question

 

 

Your Logo Could Be Here