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When Can I Get a Property Settlement?

You can apply for a property settlement from the time of separation. However, once you are divorced, if you want the court to make particular orders, you must file an application for property orders within 12 months of your final divorce.

However, you can apply to the court in special circumstances for a property settlement if you are ‘out of time’ – or in other words, if more than 12 months have passed since your divorce is made final.

In the case of de facto couples in Queensland, who separated after 1 March 2009 and who are making an application for a property settlement under the new laws, parties must apply to one of the Family Law Courts within 2 years of the end of their de facto relationship. In special circumstances you can apply to the court for a property settlement if you are ‘out of time’.