The importance of timing in family law disputes in Australia cannot be overstated. Time and limitation periods can influence the course of your family law matter and impact outcomes within the family law system. When separating, obtaining legal advice concerning timeframes and limitation periods is important. The following is a short guide to timeframes and limitation periods in the family law sphere.
Parenting
Applications for orders concerning parenting arrangements for children are not subject to time limitation periods. However, it is important to consider timing when contemplating action regarding parenting arrangements. For example, timing can influence the allocation of priority hearings of urgent recovery applications.
Timing does not only impact those initiating proceedings. Where another party commences litigation, you are required to file your Response to Initiating Application and supporting documents within 28 days of being served with an application.
Property
Section 44 of the Family Law Act 1975 prescribes a limitation period for the commencement of property settlement or maintenance proceedings. Accordingly, applications for property adjustment and spousal maintenance must be brought within 12 months of the date a divorce order takes effect. For de facto couples, the time limitation period is 2 years from the date of separation. However, there are exceptions to the usual limitation period. These include the parties consenting to the institution of proceedings out of time, leave of the court to commence proceedings out of time, and applications to commence proceedings out of time where a financial agreement is set aside or held by the court to be invalid.
Divorce
In order to bring an application for divorce, you must establish that you have separated and lived apart for a continuous period of not less than twelve months. In circumstances where you have separated but not lived apart for 12 months, it is necessary to file with the court an affidavit detailing the circumstances of your separation and living arrangements.
Reviewing or appealing a court’s orders
Time limits impact most aspects of family law litigation, including the court’s final determination. For example, suppose you consider the court has made an error when making orders in your matter. In that case, you must file an application for review of the decision of a Judicial or Senior Judicial Registrar within 21 days of the orders. In circumstances where a Judge has presided over your matter, you must file a Notice of Appeal within 28 days after the date of the order appealed from was made.
It is important to be mindful of timeframes when you have separated or are contemplating separation. We recommend that you seek legal advice about the impact of time and limitation periods applicable to you and your circumstances.
Written by
Matthew Fieldus
Family Law Solicitor
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