De Facto Separation – Did You Know?
Did you know that after a separation in a de facto separation relationship that a separating party must bring an application in relation to financial issues arising from the breakdown in the relationship within a period of 2 years from the date of separation. For instance if de facto couples separate say on the 1st January in any one year the application must be filed on or before the 1st January in the following 2 year period.
One might conclude that if de facto separation between parties happens on 1st January that an application to the Court must be before 1st January in the following 2 year period. However, the application must be brought “within” a period of 2 years. That means that the period of de facto separation commences not on the 1st of January but on the 2nd January and an application filed on the 1st January within a 2 year period is filed within the prescribed time.
Financial Matters and De Facto Separation
Of course in the case of a marriage an application in relation to financial matters must be filed in the Court within one year of the date of dissolution of the marriage. That is the application must be brought within a period of one year after the divorce order becomes absolute. A divorce order becomes absolute one month after the divorce order is granted by the Court.
If applications are brought outside these time limitations then the parties will require leave of the Court to bring their application. Unless a satisfactory explanation can be made for filing the application “out of time” the Court will not grant leave and the parties are therefore barred from bringing property proceedings in the Court. This could create extreme financial hardship for either or both of the parties. The time limitations must be strictly observed.
Please also see our other recent blog post on separation, divorce and financial planning.