“Justice delayed is justice denied.” This quote hits especially hard in family law—because time isn't just money here. It's your future, your kids, your security. Yet many people miss their chance to act simply because they didn’t realise there was a clock ticking.
Let’s be clear: in family law, time limits are critical. Miss them, and you could lose your right to claim property, spousal maintenance—or even revisit parenting arrangements. The law doesn’t wait, and neither should you.
Property Settlements: You Don’t Have Forever
If you’ve been through a divorce, the window to apply for a property settlement is 12 months from the date your divorce becomes final. For de facto couples? You’ve got 2 years from the date of separation.
That’s not long. Especially when life’s chaotic and the paperwork is overwhelming.
Here's the kicker: once that deadline passes, you can’t apply without special permission from the court. And they don’t hand that out like candy. You’ll need a solid reason—like serious hardship—and even then, it’s not guaranteed.
Action step: Mark the date of separation or divorce finalisation on your calendar. Speak to a lawyer well before that date hits. Don’t wait until it’s “urgent.”
Parenting Orders: Not Set in Stone, But Time Matters
There’s no strict time limit for parenting orders—but don’t assume you can wait forever. If there’s been a major change—think relocation, new partner, safety concerns—you may be able to apply to vary the existing orders.
However, courts will look at how long it’s been since orders were made and why you’re asking to change them now. If your delay shows a lack of urgency or involvement, it might hurt your case.
Action step: If something’s changed that affects your kids, don’t sit on it. Get advice fast.
Spousal Maintenance: Act Swiftly
In many cases, claims for spousal maintenance also fall under that 12-month post-divorce or 2-year post-separation rule. It’s meant to support a partner who can’t support themselves financially after the relationship ends. But again, miss the deadline? You’ll be pleading for the court’s permission to even make a claim.
Action step: If you’re struggling financially after separation, don’t assume it’s too late or not worth it. Talk to someone. Time is working against you.
What If You’ve Missed a Deadline?
All hope isn't lost—but the bar is high. The court must be convinced that:
- You had a genuine reason for the delay (think serious illness or domestic violence).
- The other party won’t suffer unfair prejudice if the case proceeds.
- There’s a real chance you’d succeed if allowed to go ahead.
These are not easy boxes to tick.
That’s why it’s so important to speak to someone early. A firm like Collier Family Lawyers Cairns can help you understand exactly where you stand—what your options are, and what steps to take next.
Final Thought: Time Limits Are Legal Tripwires
They’re invisible until you trip over them. And by then, it may be too late.
So don’t wait for the “right time.” Don’t wait until you feel ready. Take action early. The law rewards the prepared—not the procrastinators.
If you're unsure about where you stand on deadlines or what your next move should be, reach out to someone who knows this territory inside out. Time is precious. Don’t lose yours to silence or uncertainty.