01 Jul Important Notice – Property settlement and Spousal maintenance
Deadlines apply for issuing proceedings for Property settlement and Spousal maintenance in Family law and Defacto matters. For married couples, they will find out about the limitation period when they file their divorce as this event triggers the limitation period – which is then 12 months from the date the divorce becomes final. For defacto couples, there is no such triggering event that will result in them being informed about the limitation. For defacto couples separating before 1/7/2010 the limitation is 12 months from separation, and for those separating after that date, the limitation is 2 years from separation. Whilst the Court can extend the time, there are limitations on which matters will qualify for an extension so it is best to be aware of the limitation and either resolve your matter before it expires or issue proceedings to protect your claim – before it expires.
