Many family law clients are worried what affect a divorce will have on their family law matters. The two most common questions asked of our family lawyers are:

1. Can I have a property settlement before I get a divorce?
2. Can I still have a property settlement after my divorce?

Can I have a property settlement before I get a divorce? 

You do not need to wait for your divorce to have a property settlement. There is no time period after you have separated that you need to wait before you have a property settlement.

Can I still have a property settlement after their divorce?

The answer is yes, but if you cannot agree on the property settlement you have 12 months from the date of your divorce to file an Application before the Family Court or Federal Circuit Court.

If you don’t file your Application in time, you need the consent of your ex-spouse to file proceedings or permission from the Court to have your matter heard. The Court will consider a number of factors to decide whether you should be able to have your matter filed out of time.

The 12 month time period does not apply to people in de-facto relationships. For more information about what time limit’s apply in a de-facto relationship you can read more in our blog post Never married? When can you have a property settlement?

If your 12 month time limit is coming up, or you are considering filing for a property settlement outside the 12 month time period, it may be time to make an appointment with our family lawyer to discuss your options.