time limitations for marriages
You can apply for a divorce following 12 months of separation.
Once a divorce is granted, it becomes absolute within 1 month of the order beings granted.
You must file an application for financial orders or orders in relation to property divorce within 12 months from the date of the divorce order becoming absolute.
time limitations for defacto
Applications for financial orders or orders for property division must be made within 2 years from the breakdown of the de facto relationship.
what happens if I’m out of time
If you do not file your application for financial orders within the time limits outlined above, you will need to seek leave of the court to do so. The court will only grant leave if hardship will be caused to a party or to a child of the relationship if leave is not granted. The court will also examine the circumstances as to why the delay took place. If you find yourself in this situation, it is important you obtain legal advice as soon as possible.