Divorce formally ends a marriage, but it does not automatically resolve financial matters. Property settlement and spousal maintenance are separate processes — and time limits can apply after divorce.
Many people are surprised by this. They assume the divorce date is the end of the legal journey. In reality, it can trigger important deadlines.
What is the time limit after divorce?
In many cases, once a divorce becomes final, there is a 12-month time limit to commence property settlement or spousal maintenance proceedings.
The clock generally starts when the divorce is final — typically one month and one day after the divorce order is made.
Why the time limit matters
If the time limit expires, you generally need the Court’s permission to proceed (often called seeking ‘leave’). Permission is not automatic and can increase uncertainty and legal costs.
Even when an extension is possible, delay can make things harder: documents get lost, valuations become more complex, and informal arrangements can harden into disputes.
Does this apply to everyone?
- Married couples: the 12-month limit often applies after divorce becomes final
- De facto couples: different time limits can apply (often linked to separation rather than divorce)
- Agreements reached before divorce can still be formalised afterwards (but timing matters)
Common situations where people run into trouble
- Assuming property settlement must wait until after divorce
- Focusing on children or emotional recovery and losing track of deadlines
- Relying on an informal agreement that is never formalised
- Delays caused by uncertainty about asset values or lack of disclosure
These situations are common and understandable — but they can create risk if time limits are overlooked.
What happens if the time limit has passed?
If the time limit has expired, an application may still be possible, but additional steps are required. The Court may consider factors such as the length of delay, reasons for the delay, and potential hardship if permission is not granted.
Early advice can help assess whether an extension is realistic and what practical steps may help strengthen your position.
Frequently asked questions
Does the 12-month time limit start on the divorce hearing date?
Usually, the key date is when the divorce becomes final — typically one month and one day after the divorce order is made — rather than the hearing date itself.
What if we agreed informally and never filed anything?
Informal agreements can be risky. If you rely on an informal arrangement and the time limit expires, it can be harder to formalise or enforce a fair outcome. Getting advice early is often the safest approach.
Can the Court extend the time limit?
Sometimes, but it’s not automatic. You generally need the Court’s permission, and it may consider reasons for the delay and whether hardship would occur if permission is refused.
How this connects to property settlement generally
Time limits are just one part of the property settlement process. Understanding the broader framework can help you plan effectively and avoid being forced into rushed decisions.