Facing a family issue is challenging enough without the extra pressure of legal deadlines. When emotions run high and life-changing decisions are at stake.
In Western Australia, the family law rules are there to provide fairness in these matters. But missing their deadlines can cost you a future with serious consequences.
We’ve prepared a detailed overview of processes & time limits related to family law in WA. So, you can be always on time for every critical decision.
At Hoe Lawyers, we understand the emotional and legal complexities of family law. We’re dedicated to making the process as smooth and stress-free as possible.
Whether you’re dealing with divorce, financial matters, or childcare arrangements. Our team of expert family law solicitors is here to provide the legal advice and law firm services you need.
Let’s take the first step towards a timely action.
Family Law in Western Australia
Family law sets the legal framework governing relationships between family members. Including marriage, divorce, child care arrangements, and property settlements. It is applied under the Commonwealth Family Law Act 1975.
Family law in Western Australia is designed to protect the rights of individuals in domestic matters. And prioritise the best interests of children in parenting disagreements. It works to resolve financial disputes, arrange child custody, or go through legal separation.
Where to go for Family Law Matters?
In most parts of Australia, family law cases are handled by Federal Circuit Court of Australia (FCC). And the Family Court of Australia (FCA).
However, things are a bit different in Western Australia. Here, the Family Court of Western Australia operates under an amended version of the FLA. The Family Court Act 1997 (WA) also covers some guidelines for de-facto relationships.
So, let’s see what matters it covers.
Jurisdiction of the Family Court in Western Australia | Key Areas
The Family Court of Western Australia makes legally binding decisions in all domestic disputes. It solves and handles a variety of family law matters, including:
- Divorce Applications:
The process ofgetting a divorce after the required separation period. All the important decisions are made according to articles 48 to 56 of Family Law.
- Property Settlements:
Dividing assets, liabilities, and property between marriage partners after separation. Articles 79A to 79H set the legal principles regarding these matters.
- Parenting Orders:
Determining child custody and visitation arrangements after the separation of parents. These concerns are managed according to articles 60 to 65 of the family law.
- Spousal Maintenance:
Arranging financial support for a former spouse or partner. Articles 71 to 90 of the family law provide the essential guidelines for it.
- Child Maintenance:
Roles and responsibilities of parents in arranging for the life utilities of the child. Articles 66F to 66N of the family law set the rules and regulations for it.
Source: Australian Govt Federal Register of Legislation
Let’s find out the time limits you will have to follow in these matters.
Time Limitations in WA Family Law Matters
Here are some important limits set by the family law in important proceedings. They ensure the timely resolution of all domestic issues to avoid complications later.
1. Time Limits for Property Settlements in Married Couples:
“In Western Australia, the time limit for property settlements is 12 months after the divorce becomes final for married couples.”
This period for property or spousal maintenance starts from the divorce order taking effect. Not the date you file for divorce.
- Superannuation Split
If you share superannuation with your partner, you will need to split it too. Give 28 days’ written notice to the super fund before applying for court consent orders. This step needs to be completed within the 12-month deadline of property settlement.
- Settling Property Before Divorce
If you’re separated but not yet divorced, the time limit doesn’t apply. You can apply for property settlement or spousal maintenance any time after separation without waiting for the divorce. Settling before divorce gives you more time to negotiate without the pressure of legal deadlines.
If you can’t decide according to your situation, it’s better to seek legal advice early. Best family lawyers Perth can help you with timelines and secure your financial future.
2. Time Limits for Property Settlements in De Facto Partners
“In Western Australia, de facto couples must begin property settlement proceedings within 2 years of separating.”
Failing to act within this time frame can limit your ability to make a claim.
For de facto relationships lasting less than two years. The Court won’t make property orders unless one partner made significant contributions. Or caring for a child from the relationship.
- Superannuation Split
Unlike married couples, de facto partners in WA cannot split superannuation in a property settlement. Instead, the Court treats superannuation as a financial resource to be considered during the settlement.
- Determining Date of Separation:
When determining the date of separation, the Court will look at:
- The couple still share meals or care for each other?
- A sexual relationship still exists?
- Who is responsible for household duties?
- Changes in sleeping arrangements before and after separation.
- How the couple present themselves to family, friends, and authorities?
- The couple has taken any holidays together since the separation date?
The day from which these requirements are met in a de-facto relationship. The separation gets final and the time limit for property settlement starts.
3. Time Limit for Parenting Proceedings
“There is no specific time limit for starting parenting proceedings in Western Australia. You can request parenting orders whenever necessary, but it must be done before your child turns 18.”
So, whether you were married or in a de facto relationship. You can apply for parenting orders at any time after your relationship ends. Once the child turns 18, you can no longer seek these orders.
Can I Still Proceed with My Family Law Case If I’m Out of Time?
“Yes, you can still be able to move forward with your family law case even if you’ve missed the deadline. However, this involves a special process and is subject to the court’s approval.”
Once these deadlines run out you cannot start a case generally without leave of the court, known as ‘leave out of time’. The time limit varies with the circumstances and the type of case you have.
Steps After Missing the Deadline in Family Law Case:
If you’ve missed the deadline, you can still apply to the court for permission to proceed. The court will consider your request based on several factors.
- Showing Hardship
You have to prove the hardship caused to you or the children involved in the case. What hardship means is not exactly defined, so each case is judged on its own merit.
- Impact on Both Parties
You and your opponent can reach an informal agreement that you can present to the court. As both parties will be affected and can’t claim any property or assets.
It’s important to note that there are no specific time limits for applying for parenting orders. You can still seek these orders at any time.
How to Apply for Leave Out of Time?
When you apply for leave out of time, the Family Court will review several key factors:
- Reasons for the Delay: Unexpected circumstances or personal challenges.
- Likelihood of Success: How strong your case has a chance of succeeding.
- Costs of Legal Proceedings – The assessment of financial reasonability.
- Prejudice to the Other Party – There shouldn’t be any unfair disadvantage to the other party.
Importance of Time Limits in Family Law Matters
When you face a family issue in Western Australia. Time limits should be on your priority list while dealing with the case.
Here are some reasons for it.
- Evidence Can Become Unreliable:
Over time, memory start to fade away. Documents go missing, and record versions become outdated. The earlier you start acting, the more accurate evidence you’ll have.
- Financial Situations Change Over Time:
Your financial situation can change, along with spousal support you can afford to pay. Quick action makes your case reflect the current situation.
- Save Money by Avoiding Complicated Cases:
If you don’t act timely, you will end up with costly, drawn-out legal cases. You add to your expenses by delaying matters.
- Resolve Matters to Find Emotional Closure:
The sooner you tackle your family law concerns, the better you can move forward. Any delay would only make these emotional upsets linger on.
Need Affordable Perth Family Lawyers to Handle the Legal Timelines of Your Case?
Contact Hoe Lawyers | Get Expert Legal Advice & Support Today
Since 2009, we have delivered professional family law services to countless satisfied clients. If you’re facing a divorce, need assistance with child custody arrangements or property settlements. Our team of the best family lawyers in Perth is here to help you.
Our award-winning family law firm is ready to assist you with personable legal services. So, you can meet all necessary deadlines and protect your rights.
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FAQs for Family Law Matters
Q1: What are the time limits for family law matters?
According to the Family Law Act, property proceedings must be commenced within the following time frames:
- Within 12 months of when a divorce order takes effect.
- Within 2 years after the breakup of a de facto relationship.
Q2: What is the statute of limitations on child support in Australia?
You have 12 years from the date a payment was due to initiate legal action to recover unpaid child support.
Q3: What is the Family Court Act out of time?
The Act states that permission to apply for a property settlement out of time can be granted by the Court if hardship would be caused to the party or a child if permission is not granted.
Q4: What happens if I miss a time limit for family law proceedings?
If you miss a deadline, you may lose your right to make certain claims or applications. However, in some cases, the court can allow an extension if there are compelling reasons.
Q5: Is there a time limit for child custody applications?
No, there is no specific time limit, but it is advisable to act quickly to ensure the best outcome for your child. You can request parenting orders whenever necessary, but it must be done before your child turns 18.
Q6: Can I apply for spousal maintenance after the time limit has passed?
Extensions are sometimes granted, but you’ll need a valid reason for the delay.