What is involved in going to court for a property settlement?

Mediation is a mandatory step in property settlement litigation. If an agreement can’t be reached this way, then the matter will go to the Federal Circuit and Family Court of Australia. Here, both parties and their witnesses will provide evidence to the judge, who will then make a final decision that can typically only be appealed in the event of a legal error.

If you were married and are now divorced, then you need to commence court proceedings within 12 months from the divorce order taking effect (if you are late you have to get permission from the Court to commence your case).

If you were in a de facto relationship, then you need to commence Court proceedings within two years of the date of separation (if you are late you have to get permission from the Court to commence your case).