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Never married? De Facto? When can you have a property settlement?

If you were living with someone in a de facto relationship and have separated, you may need to consider having a property settlement.

You can have a property settlement by agreement or, if you cannot agree, by filing an Application before the Family Court or Federal Circuit Court. If you need to file an Application it is important to remember time limits apply.

Married people have 12 months from the date of divorce to file their Application.  People in a de facto relationships have 2 years from the date of separation to file their Application.

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

Sometimes it can be difficult to determine when separation occurred. Sometimes people may continue living with their de facto partner after separation. If this applies to you, you may need to obtain legal advice to determine when you are considered ‘separated’ for the purpose of the Family Law Act.

If you want more information about the time limits, property settlements, or de facto relationships, you can make an appointment with a family lawyer by calling our office on (02) 6882 2611 or via our website.