Barrister & Solicitor

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ABOUT
CONTACT
FAMILY LAW:
Marriage or Cohabitation
Agreements
Marriage Breakdown or Breakdown of a Common Law Spousal or Same-Sex Partner Relationship
Conclusion/Disclaimer
WILLS & ESTATES:
Wills
Probate Taxes
Intestacy
Rights of Surviving Spouse & Dependants
Conclusion/Disclaimer
MAIN PAGE


Family Law: Marriage Breakdown or

Breakdown of a Common Law Spousal or
Same-Sex Partner Relationship

8. Timing of Claims

There are no statutory limitation periods applying to claims for child support.

An application by a common law spouse or same-sex partner for spousal support must be brought within two years from the date of separation with no reasonable prospect of reconciliation. Depending upon the circumstances, there may be no time constraint on when a married spouse makes a claim for spousal support.

An application for an equalization of net family property (which only a married spouse may bring) must be brought by the earliest of:

  1. two years from the date of divorce;

  2. six years after the date of separation with no reasonable prospect of reconciliation; or

  3. six months after the death of a spouse.