Property Settlements After Long Separation

Delayed Property Settlements After Long Separation:

Your Rights and Options on the Gold Coast

Have you and your ex been separated for years without formally finalising your property settlement? You’re not alone—and it’s not too late.

Many couples on the Gold Coast focus on parenting arrangements or simply try to move forward emotionally, leaving financial matters unresolved. But under Australian family law, your right to a fair property division does not disappear just because time has passed.

At Collective Family Law Group, we regularly assist clients who have been separated for five, ten, or even more years—ensuring they still receive what they’re legally entitled to.

Why Property Settlements Often Get Delayed

Life happens. It’s common for couples to leave property matters unresolved for years due to:

Assuming informal verbal agreements are legally binding
Believing that post-separation financial independence means no need for settlement
Worrying about legal fees or reigniting conflict
Feeling emotionally overwhelmed by parenting issues, relocation, or health struggles

But here’s the key point: delaying a formal settlement can put your financial future at risk—especially if new assets have been acquired or debts accumulated after the separation.

What Are the Legal Time Limits for Property Settlement?

Australian family law imposes strict timeframes:

Married couples: You must apply within 12 months of your divorce becoming final.
De facto couples: You must apply within 2 years of the date of separation.

⏳ Missed the deadline? You can still apply, but you’ll need the court’s permission (called “leave”). The court will consider your application if failing to grant leave would cause hardship to you or a child.

We’ve successfully helped Gold Coast clients seek leave and pursue late applications where fairness demanded it.

How Courts Handle Long-Delayed Property Settlements

Even after years apart, the Family Court still uses its four-step process to determine a just and equitable outcome.

Step 1: Identify the Asset Pool—Now

Courts base decisions on the current value of all assets, not what they were worth at separation. That includes:

Real estate
Superannuation
Businesses
Investments
Debts and liabilities

Even assets acquired post-separation may be included, depending on how they were built.

Step 2: Consider Contributions Over Time

The court looks at both financial and non-financial contributions, before and after separation. If one of you:

Raised children
Paid the mortgage solo
Grew a business
Or managed the household

…these efforts all count. The longer the separation, the more attention is paid to post-separation contributions.

Step 3: Assess Future Needs

Courts factor in:

Health issues
Earning capacity
Care of children
Age and financial security

If one party is nearing retirement or took time off work to raise children, that can tilt the scale.

Step 4: Ensure It’s Just and Equitable

The court doesn’t simply divide everything 50/50. It aims for fairness. In long separations, this often includes looking at whether each person has moved on financially or emotionally, and whether a formal order is truly necessary.

Relevant Case Law

📘 Bevan v Bevan [2013] FamCAFC 116

In this case, the court rejected a proposed property order because the parties had long moved on, held no joint assets, and a division would have been unfairly disruptive. It confirms the need to demonstrate that a property order is still just and equitable.

📘 Kowaliw v Kowaliw (1981) FLC 91-092

This case supports the "add-back" principle—where assets that were recklessly wasted (e.g., gambling or poor investment decisions post-separation) can be notionally added back to the asset pool to ensure fairness.

📘 Stanford v Stanford [2012] HCA 52

The High Court clarified that courts must first ask: Is a property order even necessary? It’s a key precedent when one party opposes reopening financial matters after a long period of separation.

Common Challenges After Long Separations

🔎 Asset Tracing

Years later, documents might be lost, and assets may have changed form. Courts may rely on forensic accountants to rebuild financial records.

💼 Disputes Over New Wealth

One party may argue: “I built this after the separation; it shouldn’t be shared.” The other may argue: “I made sacrifices that enabled that growth.” The court looks closely at who contributed what—and when.

🧓 Superannuation & Retirement

If either party is nearing retirement, superannuation splitting becomes essential. Courts take long-term financial security seriously.

😔 Emotional Impact

Bringing up financial matters years later can be distressing. It’s important to work with a family lawyer who provides both legal and emotional support.

Practical Steps If You’re Facing a Delayed Settlement

✅ 1. Seek Legal Advice Promptly

Even if your time limit has passed, we may be able to help you apply for leave. The earlier you act, the stronger your position.

📂 2. Gather Records

Start collecting bank statements, superannuation documents, titles, tax records—anything to help show your financial position during and after the relationship.

📣 3. Be Transparent

Full disclosure is required. If either party hides assets, the court may penalise them or even set aside an agreement.

🤝 4. Consider Mediation

Long separations don’t prevent negotiation. Mediation can resolve matters faster and cheaply than the court.

🎯 5. Be Realistic

Post-separation efforts matter. If your ex built a business over the last decade, you might not be entitled to half—but you may be entitled to a fair share reflecting your past contributions.

Sample Scenarios from the Gold Coast

Scenario 1: Property Growth Post-Separation

You separated 8 years ago, and your ex has bought investment properties in the time since. The court may include them in the asset pool, but weigh your ex’s post-separation financial contributions heavily in the final split.

Scenario 2: Disputed Informal Deal

You agreed years ago to a “50/50” split verbally, but nothing was formalised. Now your ex wants more. The court may disregard the handshake deal if it’s unfair or lacks legal standing.

Scenario 3: Asset Dissipation

Your ex lost hundreds of thousands in crypto trading post-separation. You argue that loss should not impact your share, and the court may apply the Kowaliw principle to add back the lost value for division.

FAQs: Property Settlement After Long Separation

Is it too late if we separated 10 years ago?

Not necessarily. If you’re divorced, you may need the court’s permission. If hardship can be shown, the court may allow your case to proceed.

Do post-separation assets count?

Yes. Courts include current assets, but give special attention to those who contributed to their growth.

What if my ex won’t disclose assets?

The court can issue subpoenas and make orders to compel disclosure. Hidden assets can result in serious consequences.

Can we use mediation?

Absolutely. Many long-delayed matters are resolved successfully through mediation or arbitration—even after a decade.

Don’t Let More Time Pass Without a Plan

Every year that goes by makes the property settlement more complex—and possibly more expensive. Whether you’ve been separated for five years or fifteen, it’s not too late to:

At Collective Family Law Group, we’re here to help Gold Coast individuals take control of long-delayed settlements—compassionately, strategically, and with clarity.

Book a consultation here with Collective Family Law Group

Contact us today to make an appointment to discuss your family law matters, or for further information on how we can assist you so that you can move on with your life with certainty and security.