An application for property settlement must generally be made:

Married couples may have more time to apply if they separate and do not apply for divorce as soon as they are able (12 months after separation). See Divorce. Separating couples, whether married or de facto, may bring an application out of time if both parties consent [s 44(3), (5)].

The Court may otherwise allow a person to apply for property settlement after the standard application period if satisfied that hardship would be caused to the party or a child if leave were not granted [see s 44(4) for married couples and s 44(6) for former de facto couples]. Case law suggests the Court will also consider whether:

In Edmunds & Edmunds [2018] FamCAFC 121, for example, the Full Court of the Family Court reviewed these principles for granting leave to apply out of time in an appeal against the refusal of leave.

There is no guarantee that the Court will grant leave to apply out of time. In practice, extensions are not difficult to get, but this should never be relied on.