If you’ve separated from your partner, you might be putting off the conversation about the house, the super or who keeps the car. That’s understandable. Separation is hard enough without adding paperwork on top.
But in Western Australia, there’s a time limit running in the background, and it’s worth knowing about early, even if you’re not ready to act on it yet.
Essentially, once you separate, you have a set amount of time to apply to the court for a property settlement (the legal term for dividing up what you owned together, including superannuation) if you and your ex can’t agree between yourselves.
If you were married, you have 12 months from the date your divorce becomes final to file an application. If you were in a de facto relationship (living together as a couple without being married), you have 2 years from the date you separated.
These time limits run whether or not you’ve spoken to a lawyer yet, and whether or not you and your ex are still talking things through.
What happens if you miss the deadline?
You don’t automatically lose your right to a fair share. But it does get harder. You’ll need to ask the court for special permission, called leave, to apply late. Leave isn’t guaranteed, and the court can refuse it. That’s a stressful and costly position to be in, and one that’s avoidable.
Why this matters even if you’re not ready to “do anything” yet
You don’t need to have all the answers before you get advice. Getting a clear, plain-English picture of where you stand, and how much time you have, means you’re making decisions on your own timeline, not scrambling as a deadline gets close.
Luckily, working out where you stand is something we can help with.
We consider that knowledge is power, and so why not obtain some advice to empower yourself through your separation. Feel free to reach out to us at Joss Legal. You can call us on (08) 6559 7480.