Facing a family separation is challenging enough without the extra pressure of legal deadlines. When you’re going through a breakup – whether you’re married or in a de facto relationship – there are strict time limits for commencing property settlements and parenting proceedings.
Miss these deadlines, and you can lose your chance to protect your financial future.
This is where having a trusted family lawyer Perth by your side becomes important.
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 together because timely action can make all the difference.
Time Limits for Family Law Matters in Western Australia | Property Settlement & Parental Proceedings
In most parts of Australia, family law cases are handled by the Federal Circuit and Family Court of Australia under the Family Law Act 1975.
However, things are a bit different in Western Australia. Here, married couples and all de facto partners go through the Family Court of Western Australia, which operates under its own legislation—the Family Court Act 1997 (WA).
This Western Australian law follows the same time limits that apply to married couples across the rest of the country, but it also includes some specific time restrictions that couples in WA need to be aware of when dealing with family law matters.
So, let’s see what it covers.
What Is the Time Limit for Property Settlements in WA?
Time Limitations for Married Couples
“In Western Australia, the time limit for property settlements is 12 months after the divorce becomes final for married couples.”
Note that once a divorce is finalized, you have 12 months to start property or spousal maintenance proceedings. This period starts from the date the divorce order takes effect, not the date you file for divorce.
It’s important to act within this timeframe to protect your rights.
If your property settlement involves a superannuation split (where one partner’s super is shared with the other), you must give 28 days written notice to the super fund before applying for court consent orders. If time is running out after the divorce, this step needs to be completed quickly to meet the 12-month deadline.
Moreover, 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. However, it’s important to note that you must be separated for at least 12 months before applying for a divorce.
Deciding when to apply for a divorce can be strategic.
If you file for divorce early, it shortens the time your ex-partner has to request a property settlement. Alternatively, waiting before finalising the divorce might give you more time to negotiate and settle without the pressure of legal deadlines.
Hence, every situation is unique, so it’s always a good idea to seek legal advice early. This ensures you’re fully aware of your rights and timelines, helping you secure your financial future.
Time Limitations for 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 may limit your ability to make a claim.
Note that if you were in a de facto relationship and are seeking property or maintenance orders, you must start legal proceedings within 2 years of the breakup.
For de facto relationships lasting less than two years, the Court typically won’t make property orders unless serious injustice occurs. This can apply if one partner made significant contributions to the relationship or is caring for a child from the relationship.
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.
When determining the date of separation, the Court may look at factors such as:
- Whether the couple still shares meals or cares for each other.
- Whether a sexual relationship still exists.
- Who is responsible for household duties?
- Changes in sleeping arrangements before and after separation.
- How the couple presents themselves to family, friends, and authorities (e.g., telling others about the separation)
- Whether the couple has taken any holidays together since the separation date.
What Is the Time Limit for Parenting Proceedings?
It’s the same for both marriages and de facto relationships
“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. Parenting orders can only be made for children under the age of 18.
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.”
Time limits in family law are set time limitations for taking legal proceedings. 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.
What Happens If I Miss the Deadline?
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 – To get leave, you have to prove that missing the deadline would cause great hardship to either you or one of 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 – Both parties will be affected in case the deadline has already passed. If you are just about to know that the deadline has been over, you can no longer claim any property or assets unless you have your name in them and your possession. But still, you and your opponent can reach an informal agreement that you can present to the court.
Further, 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.
Applying 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 – They can be unexpected circumstances or personal challenges.
- Likelihood of Success – If your case has a strong chance of succeeding, the court can be more inclined to grant leave.
- Costs of Legal Proceedings – The court will assess whether allowing the case to proceed is financially reasonable.
- Prejudice to the Other Party – The court will examine if allowing your case to proceed would unfairly disadvantage the other party.
Why You Should Act Quickly on 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. Something overlooked will make things complicated and expensive.
Here is why you should not waste much of your time:
- Evidence Can Become Unreliable:
Over time, memories start to fade away, documents go missing, and record versions become outdated. The earlier you start acting, the more accurate evidence will you have.
- Financial Situations Change Over Time:
Your financial situation can change, based on assets and spousal support you can afford to pay. Quick action ensures your case reflects the current situation.
- Save Money by Avoiding Complicated Cases:
You 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 and the less stress you will face. Any delay would only make these emotional upsets linger on.
In short, staying on top of deadlines helps manage changes, keep evidence accurate, find emotional relief, and save on costs.
Are you worried about missing a family law deadline or need help understanding the legal timelines for your case?
Contact Hoe Lawyers | Get Expert Legal Advice & Support Today
Since 2009, we have delivered professional and personable legal services to countless satisfied clients. Whether you’re facing a divorce, need assistance with child custody arrangements, or are dealing with property settlements, our team of the best family lawyers in Perth is here to help you make informed decisions.
Don’t wait – contact Hoe Lawyers today for expert legal advice and support.
This Award-Winning Family Law Firm is ready to assist you with a range of family law services, ensuring that you meet all necessary deadlines and protect your rights.
FAQs for Family Law Matters
Q1: What are the time limits for family law matters?
According to Section 44 of 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 breakdown of a de facto relationship.
Q2: How long do I have to apply for property settlement after a divorce?
You have 12 months after the divorce becomes final to apply for a property settlement.
Q3: 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.
Q4: 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.
Q5: 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.
Q6: 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.
Q7: 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.
Q8: How can Hoe Lawyers help with family law matters?
We offer comprehensive legal support for a wide range of family law matters, including divorce, child custody, and financial settlements. Our experienced team provides clear and actionable advice.