In Australia there are strict deadlines, contained in ‘statutes of limitation’ (legislation that contains non-negotiable times by which certain things must be done). It is absolutely critical to be aware of deadlines and to see legal advice well in advance of them to ensure what needs to be done, is done.
Here are some of the key deadlines, but remember there are sometimes exceptions and in all cases you should get legal advice from a family lawyer (also called family attorneys in other parts of the world).
Divorce Applications:
You must be separated for at least 12 months before applying for a divorce. Once the divorce is granted, it becomes final one month and one day after the order is made by the court.
Property Settlements:
For married couples, you have 12 months from the date your divorce becomes final to file an application for property settlement or spousal maintenance.
For de facto couples, you have 2 years from the date of separation to file an application for property settlement or spousal maintenance.
Parenting Orders:
There is no specific deadline for applying for parenting orders. However, if you wish to make arrangements regarding children, it’s advisable to do so as soon as possible after separation. Before applying to the court, you are required to attempt family dispute resolution, except in cases where exemptions apply (e.g., urgency, family violence).
Spousal Maintenance:
Similar to property settlements, for married couples, applications must be made within 12 months of the divorce becoming final, and for de facto couples, within 2 years from the date of separation.
Appeals:
If you wish to appeal a family court decision, you generally have 28 days from the date of the order to file a Notice of Appeal. This can vary depending on the specifics of your case and the court’s rules.
Contravention Applications:
If an order is not being followed, you can file a contravention application. There’s no specific deadline for this, but it should be done reasonably soon after the breach occurs to ensure the matter is addressed promptly.
It is always recommended to seek legal advice from a family lawyer before taking any action whatsoever in relation to your family law matters, as the wrong step can be extremely costly and missing a deadline can be something that can’t be fixed.
Free Online Family Law Consultation
You can complete a free online family law consultation with our Virtual Paralegal and then be connected to a family lawyer who already has read what your main challenges are, without knowing who you are. If you like them, you can release your contact details to them by clicking “Accept”.
