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Filing an Application outside the Time Limit

As a general rule, a party seeking to initiate property proceedings after the time limit will have to provide reasons for the delay and demonstrate the hardship caused to the party or a child of the relationship if leave is not granted. However, a mere loss of a right to institute a property claim under the FLA is not considered hardship in and of itself and may not be sufficient.

The FLA allows a court to grant leave to parties to file property proceedings outside of the time limit under s44(6), if the court is satisfied that:

  • hardship would be caused to the party or a child if leave were not granted; or

  • if the application is for spousal maintenance, the party’s circumstances at the end of the standard application period were such that they could not support themselves without an income tested pension, allowance or benefit.

However, what constitutes the term hardship is not defined in the FLA. The courts consider applications on a case by case basis.

ABMS LAWYERS can provide you with advice regarding separation, divorce and commencing an application in court out of time.

To schedule an initial reduced fee consultation at a cost of $250 for your Family Law matter, contact us on (08) 94742832, via email or make an online booking.