Imagine you’ve spent months negotiating your property settlement. And then you discover your 12-month deadline has slipped by. Suddenly, you’re powerless to claim your fair share of the family home.
In 2022–23, the Family Court of WA received 2,656 property and maintenance applications and saw over 5,800 divorce filings. Yet very few out-of-time requests succeed. The court only granted leave where genuine hardship was shown.
Every day you delay, the other side gains the upper position. You could lose thousands of dollars’ worth of assets, even your home.
This guide will help you discover every critical time limits for family law in Western Australia,from property settlements to parenting orders. We’ll focus exclusively on Western Australia’s family law legislation and court procedures.
So, keep reading to protect your rights with timely action and confidence.
Understanding Family Law in Western Australia
Western Australia is unique in family law. Married couples use the federal Family Law Act 1975 (Cth) for divorce, children, property and spousal maintenance. Unmarried (de facto) couples and children of non‐married parents rely on the WA Family Court Act 1997.
The Family Court of Western Australia handles both state and federal family matters. It deals with divorces and also hears de facto property and parenting cases under the WA Act. In other states the Federal Circuit and Family Court do all family law, but WA maintains its own court to hear these cases.
So, why time limits matter in family law case?
Every family law matter is on a clock. Deadlines protect fairness and finality. For example:
- Evidence: Witness memories fade and documents vanish. Filing on time means evidence is fresher and stronger. That evidence can be bank records, proof of contributions, text messages.
- Finances: Quick resolution lets you plan budgets and split assets cleanly. Dragging out a case can increase costs and interest on mortgages.
- Closure: Knowing when your case will end helps everyone move on. Deadlines prevent endless uncertainty.
Clients mostly ask, “How long does it take?” The honest answer is: it varies. But missing a deadline usually creates months of delay. WA’s rules strictly bar late claims.
Family Law Time Limits for Married Couples | Property & Spousal Maintenance
In Western Australia, the time limit for property settlements is 12 months after the divorce becomes final for married couples.
You must apply for any property settlement or spousal maintenance orders within one yearof that final divorce date. If you miss this 12-month deadline, you can only proceed by applying for leave out of time, which is a difficult extra step and not guaranteed. So, file your claims before your divorce anniversary to avoid a bar to relief.
Note: The deadline is 12 months after the divorce takes effect, not 12 months from when you filed for divorce. Usually, it’s about one month after filing that the divorce becomes final.
You must give 28 days’ notice to split your superannuation.
If part of the settlement involves splitting super funds, WA law requires you to give 28 days’ written notice to the super fund before filing your application. This ‘super notice’ period is compulsory so the fund can prepare for the orders.
You can negotiate your property settlement before divorce finalises.
You don’t have to wait for the divorce to settle with your ex. You can start negotiating property and maintenance any time after separation. The separation date (when you both clearly ended the relationship) fixes the asset pool for valuation. Courts look at all evidence, like living arrangements, messages, bills, to pin down that date.
In WA, you can even apply for property orders before divorce by combining it with your divorce process (e.g. consent orders), but the clock officially only starts once divorce is final.
Family Law Time Limits for De Facto Relationships | Property Settlement & Maintenance
In Western Australia, de facto couples must begin property settlement proceedings within 2 years of separating.
That means you must file with the Family Court within 24 months of separating. Determining the separation date can be tricky, so the court considers factors such as:
- How long you lived together as a couple.
- Whether you shared finances or joint assets (bank accounts, mortgage).
- Whether you have children together and who cared for them.
- How you presented yourselves publicly (e.g. a mutual commitment to a shared life).
- Other signs of interdependency (shared bills, holidays, etc.).
You must treat superannuation as a financial resource, not a splittable asset.
Once that separation date is set, the 2-year clock ticks. It’s also important to note that superannuation is treated as a financial resource for de facto splits. But WA law does not allow formal superannuation splitting orders for de facto couples. Instead, superannuation is valued and shared through property adjustments.
Exceptions for Short-Term De Facto Relationships
If your de facto relationship lasted less than 2 years, special rules may apply. The court will still refuse an out-of-time application unless one of two exceptions is met:
- You have a child under 18 of the relationship, and failing to make orders would cause serious injustice to the primary caregiver.
- One partner made significant contributions (financial or homemaker) to the relationship, such that it would be seriously unfair not to make orders.
In short, very short relationships with children or big contributions can qualify. Even then, you must apply within 2 years or get the court’s leave as soon as possible.
Need help? Speak to our expert family lawyers today to file your property settlement application.
Family Law Time Limits in Parenting Orders: No Fixed Deadline
There is no specific time limit for parenting proceedings in Western Australia. You can request parenting orders whenever necessary, but it must be done before your child turns 18.
It’s the same for both marriages and de facto relationships
Unlike financial claims, there is no strict time limit for parenting orders in WA. You can file for custody/child support/visitation orders at any time up until the child’s 18th birthday. (After 18, the court no longer has jurisdiction.)
However, it’s wise to act sooner rather than later. Bringing children into stability and routine is best achieved early. Courts focus on the child’s best interests at all times, regardless of delay.
Urgent or Interim Parenting Orders
When children are at risk, the court can act immediately. WA allows interim or urgent orders in as little as 24–48 hours if needed. In any family law matter involving children, their welfare comes first. Do not hesitate to apply for urgent orders if there is danger of abuse or neglect.
What to Do If I’ve Missed a Deadline in Family Law Matter?
Many people ask ‘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.
Even if a deadline has passed, relief might still be possible by asking the court for leave to proceed out of time. This process lets you continue your claim, but only if the judge grants permission.
How to Apply for Leave Out of Time?
- Lodge Form 15A – file the official leave application (Form 15A in the WA Family Court).
- File supporting affidavit – explain the delay and circumstances in sworn affidavit form.
- Serve the other party – deliver copies of the application and affidavit to your ex as required.
- Attend a mention hearing – the court will schedule a short hearing (often within weeks) to review your application.
- Costs orders – be prepared that the court may order you to pay costs to your ex for the extra delay, even if leave is granted.
Factors the Court Considers for Granting Leave Out of Time
The judge will weigh multiple factors in deciding leave:
- Hardship: Would refusing leave cause hardship to you or the children? If denying leave would seriously hurt a child or leave one party in dire straits, courts are more inclined to grant leave. Conversely, if your ex would be unfairly prejudiced (e.g. evidence lost, finality undermined), that counts against you.
- Likelihood of success: Is your underlying case strong? If your claims seem commendable on their face, the judge is more forgiving of delay.
- Prejudice and fairness: How long was the delay, and why? Did you act promptly after discovering the deadline? The court notes that missed time limits affect both parties equally, neither spouse can claim property after the cutoff.
- Costs: Did you engage legal help? Often the court will require the late filer to pay the other side’s costs for responding to the out-of-time application.
If the judge finds the delay was reasonable and allowing the case on merits is fair, leave may be granted. Otherwise, your application will be dismissed. Given the uncertainty, it’s critical to avoid this scenario by filing on time if at all possible.
Worried about missing a family law deadline? Need help understanding the legal timelines for your case?
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FAQs about Family Law Time Limits
Q1: What are the key time limits for property settlements in WA?
For married couples, it’s 12 months after your divorce order takes effect. For de facto partners, it’s 24 months from your separation date. If the de facto relationship was under 2 years, you may still apply if one partner has a child under 18 or made significant contributions (injustice exceptions).
Q2: Can I split superannuation as a de facto partner?
No. De facto couples can’t make superannuation splitting orders in WA. Super is treated like any other asset and divided through your overall property pool. Married couples can split super within the 12-month window after divorce.
Q3: How long does it take to get parenting orders?
There is no set time limit for parenting orders. You can apply any time before the child turns 18. The actual processing time varies based on court workload and urgency. If it’s urgent or there’s any risk of harm, the court can issue interim orders in as little as 24–48 hours to protect the child’s safety.
Q4: What if I miss a time limit for family law matter?
You can apply for leave out of time by lodging Form 15A and explaining your delay. The court grants leave only if refusing it causes hardship or there are other strong reasons. It’s always safer to file on time as leave is never guaranteed except any exceptional and hardship cases.
Q5: How long do property settlement cases take?
Timelines vary widely. Uncontested property settlements often finalise within 3–6 months. But contested matters can take 12 months or more. And if they proceed to trial, the median time to hearing is around 154 weeks (nearly 3 years).