Many people assume that finalising a divorce automatically sorts out property and finances. It does not. The Federal Circuit and Family Court of Australia is clear: a divorce order does not divide property or finances, and separate time limits apply to property settlement applications.
Those time limits differ depending on whether a couple was married or in a de facto relationship, and missing them means any application generally requires the Court's permission, which is not automatic. Understanding where the limit falls, and when it starts running, is the first practical step after separation.
Our lawyers in Springfield help clients across Greater Springfield and Ipswich with property settlements after separation. Here is how the time limits generally work in Queensland, and what the deadlines mean in practice.
Here is what the time limits mean, and why acting within them matters.
Key takeaways
- Married couples generally have 12 months from the divorce order to apply for property orders.
- De facto couples generally have two years from the date the relationship broke down.
- A divorce order does not resolve property or financial matters on its own.
This article is general information only and is not legal advice. Every situation is different, and you should speak with a solicitor about your own circumstances.
What are the time limits for a property settlement in Queensland?
Married couples generally have 12 months from the date a divorce order takes effect to apply for property or financial orders, according to the Federal Circuit and Family Court of Australia. De facto couples generally have two years from the date the relationship broke down. Both limits apply to applications to the Court and are not the same as a deadline for completing a transfer or refinancing a home.
An application made after those periods generally requires the Court's permission, known as leave, which the Court does not grant automatically. The Court considers why the application was late and whether the other party would be prejudiced. Getting leave is not guaranteed, which is why the time limits matter from the moment a relationship ends.
How do the time limits differ for married and de facto couples?
The distinction between married and de facto couples is one of the most commonly misunderstood points in family law. The starting point is different for each, and so is the length of time available.
Married couples: the 12 month period runs from the day the divorce order takes effect, not the date of separation and not the date the divorce application was filed. A divorce order generally takes effect one month and one day after it is made, according to the Federal Circuit and Family Court of Australia. Property settlement applications can be made before a divorce is finalised, so waiting for the order is not necessary.
De facto couples: the two year period runs from the breakdown of the relationship, which is generally the date of separation. There is no divorce process for de facto couples, so the clock starts differently. The Federal Circuit and Family Court of Australia also requires a party to satisfy the Court of a genuine de facto relationship that has broken down, and at least one of several threshold conditions, including two years of duration, a child of the relationship or a registered relationship.
"The time limit for married couples runs from the divorce order, not the date of separation. Couples who separated years before divorcing often have less time than they expect once the order comes through."
Jade Kickbusch, Principal, Brookwater Legal
What are the rules and thresholds that apply to these time limits?
The key time limits, as set out by the Federal Circuit and Family Court of Australia:
- › Married couples: 12 months from the date the divorce order takes effect.
- › De facto couples: two years from the date the relationship broke down.
- › Nullity cases: 12 months from the date the decree of nullity is made.
- › Out of time: the Court's leave is required, and it is not always granted.
- › Child support: time limits do not apply to child support and child maintenance applications.
- › Property orders before divorce: property settlement or maintenance orders arising from a marriage can be sought before a divorce is finalised.
How does a solicitor help with a property settlement in Queensland?
Our conveyancing and property team works with separating clients across Greater Springfield and Ipswich on the legal steps involved in dividing property after a relationship ends.
Step 1: Talk to us
Get in touch and we'll explain how the process generally works and what the next steps look like.
Step 2: Identify the asset pool and time position
We work through the assets, liabilities and financial resources of both parties, and confirm which time limit applies and where things stand against it.
Step 3: Explore the settlement pathway
We advise on the available options, including reaching an agreement by negotiation, formalising it through consent orders, or where agreement is not possible, making an application to the Court.
Step 4: Formalise the outcome
We prepare the consent orders or assist with a Court application, and handle any conveyancing steps involved in transferring property or dealing with the mortgage as part of the settlement.
| Get in touch Need help with a property settlement? We're an experienced team who keep you well informed at every stage of the process. Get in touch to discuss your needs. |
When do the time limits not apply to a property settlement in Queensland?
The time limits govern when a party can apply to the Court for orders. They are not deadlines for every step in a property settlement, and understanding what falls outside them helps clarify the actual risk.
The limits do not apply to child support and child maintenance applications, according to the Federal Circuit and Family Court of Australia. They also do not prevent a party from reaching an agreement with the other person at any time, and a consent order application can be filed even after the limit has passed, provided both parties agree and the Court is satisfied the proposed orders are just and equitable.
Where a couple has agreed on a division and simply needs to document it formally, acting before the time limit expires is still important. A consent order application still requires the Court's consideration, and the time position can affect the willingness of the other party to cooperate. The practical difference is that a contested application after the limit requires leave, while an agreed application does not necessarily face the same hurdle.
What does the Court consider in a property settlement in Queensland?
There is no formula used to divide property and finances, according to the Federal Circuit and Family Court of Australia. The Court identifies all property and liabilities of the parties, then works through what each party contributed to the property pool and to the welfare of the family, and each party's current and future circumstances.
What counts as a contribution, under the Family Law Act:
- › Direct financial contributions: property brought into the relationship and earnings during it.
- › Indirect financial contributions: gifts and inheritances from family.
- › Non-financial contributions: renovations, managing investments or running a business.
- › Contributions to the welfare of the family: caring for children and housework.
From 10 June 2025, under the Family Law Act, the economic effect of family violence must also be considered where it is relevant, according to the Federal Circuit and Family Court of Australia.
What common misunderstandings arise about property settlement time limits in Queensland?
The most persistent misunderstanding is that separation itself starts the clock for married couples. It does not. The 12 month period starts when the divorce order takes effect, not on the date of separation. A couple who separated three years before finalising their divorce may find the 12 months disappears faster than expected once the order is made.
A related misunderstanding is that an informal agreement, or simply dividing up assets between themselves, provides legal protection. It does not. An informal arrangement is not legally binding, according to Legal Aid Queensland, and either party can return to the Court to seek orders even after assets have been divided informally. Formalising a settlement through consent orders or a financial agreement made under the Family Law Act is what makes the arrangement binding.
Frequently Asked Questions
How long does a married couple have to apply for a property settlement in Queensland?
Twelve months from the date the divorce order takes effect, according to the Federal Circuit and Family Court of Australia. Applications made after that generally require the Court's permission, which is not automatic.
How long do de facto couples have to apply for a property settlement in Queensland?
Two years from the date the relationship broke down, according to the Federal Circuit and Family Court of Australia. Applications made after that generally need the Court's permission, which is not guaranteed.
Does a divorce order resolve property and finances in Queensland?
No. A divorce order does not decide issues about finances, property, maintenance or parenting arrangements, according to the Federal Circuit and Family Court of Australia. Property applications are a separate process with their own time limits.
Can a property settlement application be made before a divorce is finalised in Queensland?
Yes. Property settlement and maintenance orders arising from a marriage can be sought before a divorce is finalised, according to the Federal Circuit and Family Court of Australia. Waiting for the divorce order is not required.
Is an informal property agreement legally binding in Queensland?
No. An informal arrangement is not legally binding, according to Legal Aid Queensland. Either party can return to the Court to seek orders even after assets have been divided informally. Consent orders or a financial agreement made under the Family Law Act make the arrangement binding.
Do you need a solicitor for a property settlement in Springfield or Ipswich QLD?
A solicitor identifies the asset pool, confirms which time limit applies, advises on the available options and prepares the documents needed to formalise a settlement. Our conveyancing and property team acts for clients across Greater Springfield and Ipswich in property settlement matters.
What happens if a property settlement application is filed out of time in Queensland?
The applicant must seek the Court's leave, according to the Federal Circuit and Family Court of Australia. Leave is not always granted, and the Court considers why the application was late and whether the delay would prejudice the other party.
Your Next Steps
The time limits for a property settlement are fixed by the Family Law Act and do not pause while a couple tries to negotiate informally. For families across Springfield, Ipswich and Greater Springfield, understanding where the limit falls before it passes is the difference between having options and having to ask the Court for permission to proceed.
If you're working through a property settlement, the right advice early makes the process simpler. Contact the Brookwater Legal team or call (07) 3437 8555 to talk through where you stand.
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External Resources
- Federal Circuit and Family Court of Australia - Financial or property overview
- Federal Circuit and Family Court of Australia - Financial or property, we cannot agree
- Federal Circuit and Family Court of Australia - Divorce overview
- Legal Aid Queensland - Dividing your property fairly
- Federal Circuit and Family Court of Australia - Financial or property: We have agreed
Brookwater Legal · This article contains general information only and does not constitute legal advice. It does not take into account your individual circumstances. You should obtain legal advice about your own situation before acting on anything in this article. Liability limited by a scheme approved under Professional Standards Legislation.
