Time Limits for Property Settlements in Queensland

There are strict time limits for property settlements in Queensland — 12 months after divorce for married couples, and 2 years after separation for de facto couples. 

Navigating the end of a relationship is rarely easy, and amidst the emotional upheaval, it’s easy to lose track of legal obligations — especially when it comes to property settlements.

For residents of Townsville and across Queensland, understanding the strict time limits for property settlements is crucial. Missing these deadlines can have serious consequences, including the loss of entitlement to a fair division of assets. 

In this article, we explain the key deadlines that apply to property settlements in Queensland, what happens if you miss them, and what steps Townsville residents should take to protect their legal rights. 

What Is a Property Settlement? 

A property settlement is the legal process of dividing property, assets, liabilities and financial resources between separating couples, whether they are married or in a de facto relationship.

This process can include anything from real estate, bank accounts, superannuation, businesses, vehicles, to household items and debts. 

Property settlement is governed by the Family Law Act 1975 (Cth), which applies across Australia. However, the way the law is applied can vary depending on the specific circumstances of each case, and legal advice tailored to Queensland law is essential. 

Why Do Time Limits Matter? 

Time limits, or statutory limitation periods, are crucial because they set the window during which you are legally permitted to bring an application for a property settlement through the courts.

If you wait too long and miss the deadline, you may be barred from applying, and risk losing access to property and entitlements that you might otherwise have received. 

That said, courts can grant permission to apply outside these timeframes in limited circumstances — but there’s no guarantee. That’s why it’s essential for anyone going through a separation in Townsville to understand and act within the applicable time limits. 

Time Limits for Married Couples in Queensland 

For married couples, the time limit to apply for a property settlement is 12 months from the date your divorce becomes final. 

Example: 

If your divorce order is made final on 1 January 2024, you have until 1 January 2025 to lodge an application with the Family Court or Federal Circuit and Family Court of Australia (FCFCOA). 

If you separate but do not get divorced, the time limit does not begin until your divorce is finalised. However, this also means that until you divorce, the clock hasn’t started ticking, but you also can’t delay indefinitely if you want to preserve your rights. 

Time Limits for De Facto Couples in Queensland 

For de facto couples, the time limit is two years from the date of separation. 

Example: 

If you separated on 1 June 2023, you must commence proceedings before 1 June 2025. 

It’s important to clearly establish the date of separation — ideally with written evidence — as this date determines the start of the two-year clock. 

De facto relationships include couples who are not legally married but live together on a genuine domestic basis. In Queensland, the law recognises de facto relationships between both opposite-sex and same-sex couples. 

What Happens If You Miss the Deadline? 

Missing the time limit doesn’t automatically mean you have no legal options, but it certainly complicates the process. 

If you wish to pursue a property settlement after the expiry of the time limit, you must apply to the court for leave (permission) to file out of time. The court will consider: 

• Whether hardship would be caused to the applicant (or a child of the relationship) if leave is not granted; 

• Whether there is a reasonable explanation for the delay; 

• The strength of the applicant’s case; 

• Whether any prejudice would be suffered by the other party. 

These applications are not granted lightly. Courts place a high value on finality and certainty in family law matters. Unless there is clear evidence of hardship or injustice, you may be denied permission to proceed. 

Why Act Early? 

Even if you’re still on good terms with your former partner, delays in formalising a property settlement can be risky. Relationships can change, people may re-partner, assets may be sold or transferred, and values of property can fluctuate significantly over time. 

Here are some of the risks of delaying a property settlement: 

• Asset values may change: Property values can increase or decrease. If you delay, you may get more or less than what’s fair at the time of separation. 

• New assets or liabilities: One party may acquire new assets or accumulate debts, complicating the division. 

• Loss of evidence: Over time, it becomes harder to obtain financial records, statements, or other evidence required to support your claim. 

• Re-partnering: If one party enters a new relationship, it may impact the asset pool or the court’s decision on contributions and future needs. 

• Legal costs: Delays may increase legal expenses due to the complexity of sorting out finances long after separation. 

What Is the Process for Property Settlement? 

The process can be formalised in two main ways: 

1. Consent Orders 

If you and your former partner agree on how to divide the assets, you can apply to the court for Consent Orders. This makes your agreement legally binding. 

2. Court Application 

If no agreement can be reached, you may need to apply to the court for a decision. This involves filing an Initiating Application and accompanying documents, and attending court hearings. 

Even if proceedings begin in court, the vast majority of matters are settled through negotiation, mediation, or other forms of dispute resolution before a final hearing. 

Whether through consent or litigation, it is critical that any agreement is legally documented. Informal agreements or verbal arrangements are not enforceable. 

Specific Considerations for Townsville Residents 

For residents of Townsville and North Queensland, there are a few practical factors to keep in mind: 

Access to Legal Services 

While Townsville has a strong network of legal professionals, including experienced property settlement lawyers in Townsville, it's important to engage a lawyer early, especially when dealing with time-sensitive matters. 

Regional Court Access 

Townsville is serviced by the Federal Circuit and Family Court of Australia, but regional delays can occur. Lodging documents and securing court dates may take longer compared to metropolitan areas, making it even more important to act early. 

Property Considerations 

With the local economy influenced by defence, mining, and agriculture, Townsville residents may have property and financial arrangements that are unique, including trusts, rural property, or military superannuation schemes. These can complicate settlements and require specialist legal advice. 

FAQs About Property Settlement Time Limits 

Q: Can I finalise a property settlement before getting divorced? 

Yes. You do not need to be divorced to finalise a property settlement. In fact, it’s often better to deal with property issues as soon as possible after separation. 

Q: What if we are still living together but consider ourselves separated? 

You can be separated and still living under one roof. What matters is the breakdown of the relationship, not physical distance. Evidence may be needed to prove the date of separation. 

Q: What if we have no assets to divide? 

Even if you think there’s “nothing to divide,” it’s worth getting legal advice. You may have entitlements you’re unaware of — including superannuation or hidden assets. 

Q: Do I need a lawyer to apply for property settlement? 

While it’s possible to self-represent, the laws are complex and the consequences of mistakes can be significant. Legal advice is especially important when time limits are close or have already expired. 

Final Tips for Townsville Couples

• Don’t delay: Start the process as soon as possible after separation. 

• Get legal advice early: Time limits are strict and courts don’t always grant extensions. 

• Document everything: Keep records of separation dates, financial contributions, and assets. 

• Formalise agreements: Ensure any settlement is legally binding through Consent Orders or a court application. 

Need Help Navigating a Property Settlement in Townsville? 

Don't risk missing out on what you're entitled to. Whether you're newly separated or facing an expired time limit, our experienced property settlement lawyers in Townsville are here to help.

We provide clear, practical legal advice tailored to your circumstances — and we're ready to act fast to protect your rights.