You have twelve months from the date of your Divorce Order to file Court proceedings seeking a property settlement (or 24 months from the date of separation of a de facto relationship). If the time limit lapses you may still file an ‘out of time’ application if you can provide evidence that both explains the delay to the satisfaction of the Court and it would cause undue financial hardship on you if the Court refused to intervene in you matter. This is a discretionary or optional decision for a Court to take, so it is safest to make any application ‘in time’.
If you need advice regarding property settlements, please contact our experienced family lawyers at Nevett Ford Lawyers on (03) 9614 7111.