Property settlement applications under the Family Law Act 1975 (Cth) are subject to limitation periods. Miss the deadline and you cannot apply as of right; you need leave of the court under s44(3) (married) or s44(5) (de facto), which is granted only in limited circumstances. The Settlement Planner’s Limitation periods display is one of the most-important warning surfaces on the platform. It tracks your deadline and surfaces it visually as the date approaches.Documentation Index
Fetch the complete documentation index at: https://help.rytz.com.au/llms.txt
Use this file to discover all available pages before exploring further.
The two limitation periods
| Matter type | Section | Limitation period |
|---|---|---|
| Married couples | s44(3) | 12 months from the date of divorce |
| De facto couples | s44(5) | 24 months from the date of separation |
- For married couples, the clock starts from the date of divorce (the formal divorce order, not the date of separation)
- For de facto couples, the clock starts from the date of separation (no divorce involved)
What the deadline applies to
The limitation period applies to applications under section 79 (married) or section 90SM (de facto) — i.e., applications to the court for property orders. It does not apply to:- Negotiated settlements between the parties (you can settle outside court timeframe)
- Consent orders applications (treated as an application but typically uncontested)
- Spousal-maintenance applications (separate limitation framework)
What “leave of the court” means
If you miss the deadline and need to apply, the court has discretion to grant leave under s44(4) or s44(6). Leave is granted only in limited circumstances:- Hardship — the applicant would suffer hardship if leave were not granted
- Inadequate financial means — the applicant could not afford to apply within the period
- Recent discovery — the applicant has only recently discovered relevant information (hidden assets, etc.)
- Reasonable explanation — there’s a satisfactory explanation for the delay
Settlement Planner display
The Settlement Planner shows the limitation date prominently:- More than 365 days remaining — informational badge at the top of the planner
- 180–365 days remaining — visible reminder; cleared after acknowledgment
- 90–180 days remaining — amber banner across the planner; not clearable
- Less than 90 days — red banner; appears on dashboard and in every Settlement Planner view
Action timeline
A reasonable action timeline working backward from the limitation date:| Time before deadline | What should be in motion |
|---|---|
| 12 months | Negotiation if possible; consent orders preferred |
| 9 months | If no negotiation progress, FDR initiated |
| 6 months | If FDR not producing settlement, lawyer engagement |
| 3 months | If still no settlement, prepare Initiating Application |
| 30 days | File Initiating Application |
| Within deadline | Application filed |
When the deadline isn’t a hard deadline
A few scenarios:You and the other party have reached a settlement. The limitation period applies to applications, not to private settlement. If you’ve signed a Binding Financial Agreement or are about to file consent orders, the period isn’t a hard deadline.
You’ve already filed an application. Filing within the period is what matters. The application can take many months to resolve; that’s fine. The period is about the filing date.
You filed but the application is being amended. Where an application has been filed within the period and is being modified or withdrawn-and-refiled, the original filing date is generally the relevant date for the limitation question (specific facts vary; specialist input may be needed).
When the deadline is a hard deadline
Lawyer engagement timing
If your matter looks like it will need a court application:- Engage a lawyer at the 9-month mark (married) or 18-month mark (de facto) at the latest
- Don’t wait until 30 days before — affidavits, evidence, and Initiating Application preparation typically need 6–8 weeks of lead time
- For complex matters (substantial pool, business interests, contested disclosure), engage earlier
What’s next
De facto pathway
s90SM-specific guidance for de facto matters including the 24-month deadline.
Settlement Planner overview
Where the limitation date appears in the planner.
Case Planner
Where limitation milestones appear in the calendar.
Forms — Initiating Application
The form to file before the deadline.