Property Settlement Time Limit After Divorce in Australia: The 12-Month Rule

The day your divorce order becomes final, a 12-month clock starts running. After that window closes, you lose the automatic right to apply for property settlement or spousal maintenance through the Federal Circuit and Family Court of Australia.

How the 12-Month Rule Works

Under the Family Law Act 1975, your divorce order takes effect one month and one day after the court grants it (unless the Court makes a special order). From that date, you have 12 months to file an application for property orders or spousal maintenance with the FCFCOA.

This time limit applies to both married couples and, separately, to de facto couples (who have a two-year window from the date of separation, not from a court order — because de facto relationships don't require a formal divorce).

The 12-month period applies even if you and your ex-spouse have already informally divided your assets. If that informal arrangement later falls apart, you still need to have filed within the 12 months to have the court adjust it.

What Happens If You Miss the Deadline

Missing the deadline doesn't permanently lock you out — but it makes the process significantly harder and more expensive. You must apply to the court for "leave" (permission) to file out of time under Section 44(3) of the Family Law Act.

The court considers several factors when deciding whether to grant leave:

• The reason for the delay — genuine ignorance of the deadline, illness, or domestic violence carry more weight than simple inaction
• Whether hardship would result from not granting leave — if you'd be left with substantially fewer assets than an equitable split would give you
• Whether the other party would be prejudiced by the late application — if they've already sold assets, spent money, or entered new financial arrangements based on the assumption that the division was settled

Leave is not automatic; the court decides whether to grant it on the evidence.

Spousal Maintenance and the Same Clock

The 12-month limitation applies to spousal maintenance claims as well. If your ex-spouse was the higher earner and you need ongoing financial support, the claim must be filed within 12 months of the divorce becoming final.

Once the window closes, the same leave application process applies. The court assesses whether you genuinely need maintenance, whether your ex-spouse has the capacity to pay, and whether the delay in applying has changed either party's circumstances in ways that make maintenance impractical.

Property Settlement During Separation

You don't have to wait for the divorce to be finalised before applying for property orders. In fact, separation itself is the legal trigger for property division — many couples reach a property settlement through consent orders or a BFA well before the divorce is granted.

Settling property during separation avoids the 12-month clock entirely, because the limitation period only starts on divorce, not on separation. It also means assets are protected and divided while both parties still have full visibility into the asset pool.

Protecting Yourself

If you've recently divorced and haven't formalised your property settlement, the safest step is to file consent orders now — even if you and your ex-spouse have already agreed on a division. A verbal or informal arrangement does not give you the same enforceability as court orders or a BFA; either party may need formal orders if the arrangement later breaks down.

The Tasmania After-Divorce Checklist tracks the 12-month limitation deadline and walks through the consent order filing process.

See more Tasmania guides →