Divorce, Family Law & Child Support: Important Time Limits and Requirements

The law that governs divorce and separation is copious and complex. We have prepared this If you are planning or are already a party to family law proceedings then use this list of time limits to assist you. Note: while these do not constitute all time limits that may apply to family law, divorce or child support matters, they are a good starting point!

APPEALS

A Notice of Appeal, including a Notice of Appeal in which leave to appeal is sought, must be filed within 28 days after the date the order appealed from was made.

APPLICATION FOR CONSENT ORDERS

You must file an Application for Consent Orders within 90 days of the date of the first signed statement of truth.

You must sign the Consent Orders on the same day you sign the Statement of Truth.

CHILD SUPPORT

Departure from administrative assessment

Departures are only able to be backdated up to 18 months unless the Court grants leave. The maximum period of backdating is 7 years from the date of the application to the Court.

 

Objection to decision

The time limit for lodging an objection to a decision made by the Child Support Agency (CSA) is 28 days from the time of service of the notice of decision on the person.

 

Objection to decision out of time

If an objection is out of time, you may request an extension of time (sec 82 R & CA) however it is not always guaranteed that the CSA will grant an extension. If the extension of time is refused, then you may apply to have this decision reviewed by the Social Support and Child Support Division of the Administrative Appeals Tribunal (AAT). The time limit for appeals to the AAT is 28 days.

 

 

DE-FACTO RELATIONSHIPS

Initiating proceedings

If your relationship broke down on a final basis after 1 March 2009 then you have 2 years to institute proceedings with respect to maintenance, property adjustment and declaration orders.

 

Initiating proceedings out of time

You may make an application for leave (permission) to the Court to institute proceedings out of time and a Court must be satisfied that hardship would be caused to a child or to the party.

 

DIVORCE

Marriage

If you and your spouse have been married for less than 2 years, then prior to applying for a divorce you will be required to:

(a) Attend counselling with a family counsellor to discuss the possibility of reconciliation with your spouse; or

(b) If you do not attend counselling, seek permission from the Court to apply for a divorce.

Separation

The Court will grant a Divorce if, and only if, it is satisfied that the parties separated and thereafter lived separately and apart for a continuous period of not less than 12 months immediately prior to the date of filing for the Application for Divorce.

You and your spouse can live together as husband and wife for one period of up to 3 months after separation. If your reconciliation is greater than 3 months then the 12 month period will start again.

Initiating property or maintenance proceedings

Once a divorce order becomes final, you have 12 months to file an application for property division or maintenance.

Initiating property or maintenance proceedings out of time

If you wish to file an application for property division or maintenance after the 12 month period then you must obtain leave (permission) from the Court.

Leave may not be required if you are a respondent and you seek property orders in your response.

GENERAL

Unless the Court otherwise orders, a document may not be served more than 12 months after it is filed

RESPONSE

Family Court of Australia

In the Family Court a Response to an Initiating Application must be filed at least seven days before the first hearing.

Federal Circuit Court of Australia

In the Federal Circuit Court a Response to an Initiating Application must be filed and served within 14 days of service of the application to which it relates.

SUBPOENA

A subpoena may not be served more than 3 months after it is issued.

Unless the Court directs otherwise a subpoena requiring attendance must be served at least seven days before attendance under the subpoena is required. A subpoena requiring production must be served at least ten days before production under the subpoena is required.

Contact Szabo & Associates, Solicitors: Family Lawyers Sydney 

If you have any questions with respect to limitation periods or time limits in your matter contact us today on 9281 5088 to speak with our Family Law Solicitor.

This information is general in nature and is not intended to be relied upon as legal advice. We suggest that you obtain proper legal advice before acting upon anything you read in this article.