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Time Limits

Children

There are no time limitations on making an application to the court regarding children's matters.

Matrimonial Property

Once you have been divorced, you need to file an application for property or financial orders, including spousal maintenance, within twelve months of the divorce becoming final.

If you fail to make the application within twelve months you can only file proceedings with the special permission of the Court. This means that an Application for Leave to Proceed out of Time must be filed. The court will hear the application and make a decision based on the individual circumstances of each case. There is no guarantee that such applications will or will not be successful.

De Facto Property

Once separation has taken place you have two years to bring an application for property or financial orders.

If you fail to make the application within two years you can only file proceedings with the special permission of the Court. This means that an Application for Leave to Proceed out of Time must be filed. The court will hear the application and make a decision based on the individual circumstances of each case. There is no guarantee that such applications will or will not be successful.



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Level 1 25 Shields St
Cairns QLD 4870

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