Excuse Me Please, Do You Have the Time?
Did you know that there are time limits to commence property settlement and maintenance proceedings in the Family Law Courts? The law relating to limitation periods developed so that people could move on with their lives without being concerned that they would be subjected to litigation in years to come, and so that they could move on with their daily business with some certainty. The relevant time limits in family law matters are as follows:
- Former de facto couples in Western Australia may make an Application for property settlement “within 2 years after the relationship ended”.
- Married couples may apply for divorce after they have been separated for 12 months. After the Divorce Order takes effect, they may file their Application for property settlement “within 12 months”. However, they do not need to wait for the divorce to take effect and may file at any time following separation.
- Child welfare proceedings do not carry the same limitation period.