Let’s Talk Time Limits – Divorce in Australia

 When you’re planning on separating from your husband or wife, the last thing you want is for the legal processes to become long and drawn out over months on end. While the goal is often to finalise the application for divorce as quickly as possible, certain statutory time limits defined by the Family Law Act.  Here is some insight from the experts in family law in Carlton.

 

 

 

There’s a lot you need to consider when planning your application for divorce. One such factor is the pre-prescribed time limits you have when it comes to separating from your husband or wife, finalising financial agreements, and determining spousal maintenance.

 

According to the Family Law Act, spouses need to prove a 12-month separation in order to qualify for a divorce. Within those 12 months, you are required to submit a Divorce Order, which stipulates the terms for property settlement or spousal maintenance. For de facto relationships, the time limit extends to 2 years after the date of separation.

 

Should you reach the point of limitation, you will lose the right to file for an application, and you will need to request special permission from the courts to file. Usually, the courts will be understanding if there are extenuating circumstances, such as:

 

·      A reasonable excuse for the delay.

·      Any reason that harm or hardship will be caused to the spouse or child should the order not be granted.

 

 

When these time limits are not kept, the issue that arises can become a very costly procedure, and you may be required to pay for any additional legal costs. Still, there are certain instances where financial orders have been granted as much as 23 years beyond the time limit.

 

With extensive experience in family law in Carlton, we always recommend attempting to finalise all financial agreements during your time of separation. As much as this time can be difficult and overwhelming, it will save you money and energy in the long run.

 

If you know that your limitation period is approaching, and you have not, as yet, finalised your financial agreements, we highly recommend seeking out a legal council.

 

If you are planning on separating from your husband or wife, start the process right by seeking out the experts in family law in Carlton. At Umbrella Family Law, we’ll help you handle your application for divorce and any financial agreements you need to finalise your divorce in good time. Contact us today for fixed-fee consultation and find out how we can help you.