Time Limits

In many cases there are no time limits for bringing court or other legal proceedings in family law.

The exceptions are as follows:

Under the Family Law Act, an application for a property settlement or spouse maintenance ordinarily has to be brought within twelve months of the divorce becoming final. Many people do not divorce for many years in which case this time limit does not start to apply until they have divorced. However, there are provisions in the Family Law Act to apply for leave to bring proceedings out of time under certain circumstances. You should get advice about whether this may be applicable to you.

Generally, de facto relationship (domestic partner) disputes must be commenced in court within two years of separation although it is possible under limited circumstances to apply for an extension. You should be careful of this time limit.

It can be difficult to apply for arrears of child support which go back into the previous financial year - and even more difficult if you try to go back into the financial year before that. We recommend you do not delay in making child support applications.