Changes to out-of-time De Facto Property Settlement Applications

Changes to out-of-time De Facto Property Settlement Applications

In October 2018, the Federal Parliament passed the Civil Law and Justice Legislation Amendment Act 2018 (Cth) which amended the provisions on time limits for de facto and unmarried same sex couples to file for property settlements.

Whilst the situation has always been that married or de facto couples can consent to the court making orders out of time, de facto and unmarried same sex couples were required to make formal applications to the Court and appear before a Judge to obtain the leave of the Court even if both parties consented to the property settlement.

The October 2018 amendment resulted in significant cost savings for couples who have not been able to finalise their property settlement within the two-year time limit.

If you were in a de facto or same sex relationship that has broken down and you need advice about your property settlement, please contact one of our experienced Family Law solicitors at Merridy Elphick Lawyers.