Time limits in family law matters
When it comes to family law matters, understanding the relevant time limits is crucial. Whether you’re dealing with property settlements, parenting arrangements or estate claims, being aware of these limits can significantly impact the outcome of your case. Let’s delve into the specifics of time limits in New South Wales.
Time limits in divorce applications
Marriage breakdowns often lead to divorce proceedings. If you’re contemplating divorce, keep the following time limits in mind:
Separation period: Before applying for divorce, you must be separated for at least 12 months. Separation doesn’t necessarily mean physically living in separate homes; it can occur even if you share the same roof but lead separate lives. An affidavit may be necessary to establish the separation date if there’s a dispute.
Affidavit details: If you’ve been separated under the same roof during part of the 12-month period, provide an affidavit outlining the circumstances. This could include financial independence, daily routines\ and how others perceive your relationship status.
Time limits in property settlements
Both married and de facto couples may need to divide their property after separation. The time frames differ:
Married couples: You have 12 months from the date of divorce to reach an agreement or commence proceedings for property settlement.
De facto couples: For de facto couples, the window is 24 months from the date of separation.
Time limits in parenting matters
Unlike property settlements, there’s no specific time limit for parenting matters. As long as there’s a child under 18 years of age, you can initiate court proceedings whenever necessary. Whether it’s custody arrangements, visitation rights or child support, focus on the child’s best interests.
Time limits in estate claims (family provision)
If you believe you’ve been unfairly left out of a deceased person’s will, you can make a Family Provision Claim. However, act promptly. In NSW, you must file a Family Provision claim within 12 months from the date of the deceased’s passing. Seek legal advice promptly to ensure you meet this deadline.
Why time limits matter
Understanding these time limits is essential for the following reasons:
Preserving evidence: Memories fade, documents get lost and witnesses move away. Acting within the time frame ensures that evidence remains fresh and accessible.
Legal certainty: Time limits provide clarity and prevent indefinite delays. They encourage parties to resolve disputes efficiently.
Avoiding disqualification: Missing a deadline can lead to disqualification from pursuing your claim. Don’t risk losing your rights due to timing.
Seek legal advice
Navigating family law matters can be complex. Consult experienced family lawyers who understand the nuances of NSW legislation. At Benjamin & Robinson Lawyers, we appreciate the importance of timing. Let our team guide you through the legal landscape, ensuring your rights are protected and your journey smoother. Remember, time waits for no one – especially in family law.
Benjamin & Robinson Lawyers – your trusted partner in family law matters
At Benjamin & Robinson Lawyers, we’re committed to guiding you through the family law process. Established for over 30 years,Benjamin & Robinson Lawyers has developed an excellent reputation for providing the highest standards of family law for the Sydney community. As well as family law, we offer expertise in wills and estates, compensation law, property law and conveyancing and traffic law. Would you like more information about our services? Contact us today to schedule a consultation. With offices in South Hurstville and St George, the fees at Benjamin & Robinson Lawyers are affordable and competitive. For enquiries or a quote, contact us today on 02 9547 1733. You can also email us. Connect with our experienced lawyers today.