Pigdon Norgate Family Lawyers | Family Law Insights
How Long Does a Property Settlement Take in Australia?
By Rosemary Norgate, Accredited Specialist (Family Law)
Separation can be one of the most unsettling experiences a person can go through, and the property settlement process rarely moves at a smooth or predictable pace.
How long it takes depends on a range of factors: where both parties are emotionally, how long ago the separation occurred, the complexity of the asset pool — including whether valuations are needed for property, businesses or superannuation — and ultimately whether agreement can be reached without court intervention. There is no single answer, but understanding what drives the timeline can help you plan and protect your position.
When Both Parties Can Agree: Negotiated Settlements
Most property matters ultimately settle — often through mediation, which the court will order even if proceedings are commenced. The real question is how long it takes to get there. Negotiations can stall when one or both parties have unrealistic expectations about the likely outcome, are reluctant to follow legal advice, or are focused on punishing the other person rather than reaching a resolution.
Valuations of real property, businesses or superannuation can also add time. When both parties approach the process constructively, settlement can often be achieved within a few months — at considerably less cost, and with far more control over the outcome, than if the matter proceeds to litigation.
When There Is No Agreement: Contested Property Proceedings
If agreement cannot be reached and the matter proceeds to contested litigation, the timeline extends significantly. Property proceedings in the Federal Circuit and Family Court of Australia typically take between one and three years to resolve — and in complex matters involving business interests, trusts, or offshore assets, it can take longer still.
The process generally involves multiple court events, including interim hearings, a conciliation conference, and ultimately a final hearing if settlement is not reached along the way. Solicitor and barrister fees accumulate throughout, and the emotional toll can be considerable. Many matters do settle before reaching a final hearing, but by that point, significant time and money will already have been spent.
The 1 Year Time Limit for Married Couples
Once a divorce order becomes final, you have only 12 months to commence property proceedings or apply for Consent Orders. If you miss this window, you will need the court’s permission to proceed, which is not automatically granted.
The 2 Year Time Limit for De Facto Couples
For de facto couples, a different limitation applies: proceedings must be commenced within two years of the relationship ending. If you miss this window, you will need the court’s permission to proceed, which is not automatically granted.
Weighing Up the Timing of Settlement
There is no universally “right” time to finalise a property settlement, and for some people, waiting makes practical sense. You may be able to remain in the family home in the interim, providing stability for children and avoiding the disruption of an early move. If your income is limited, delaying settlement means you are not immediately living off a capital sum. And in some cases, the asset pool may grow in value over time.
That said, delay does carry real considerations worth keeping in mind. Asset values can also fall. One party may take on new debts or reduce or dissipate assets in ways that affect the overall value of the pool. And if either party enters a new de facto relationship, the picture may become more complex — affecting how contributions and entitlements are assessed.
The timing of settlement is worth discussing with your solicitor in the context of your specific circumstances, rather than treating urgency — or delay — as the default.
Getting the Right Advice Early Matters
Whether your situation looks straightforward or is already heading toward dispute, early legal advice gives you the clearest picture of your entitlements, your obligations, and your options. At Pigdon Norgate Family Lawyers, we work with clients at every stage of the process — from initial advice through to negotiated resolution or, where necessary, litigation.
If you have recently separated or are approaching the end of the time limit following your divorce, we encourage you to seek advice without delay. The earlier you understand your position, the more choices you have.