When parties have been married to each other, a property settlement application should be begun in court within twelve months of the date the divorce took affect. A property settlement application can also be made before a divorce. This is very different for de facto couples. When parties have been in a de facto relationship, a property settlement application should be begun in court within two years of the relationship ending.
In each case, a court can grant leave to a party to bring an application after these time limits have expired if the party can show hardship would be caused if leave to apply were not granted. This article explores time limits on de facto applications and other related issues.