How Long Will A Family Law Property Settlement Take in NSW?
Learn about the property settlement process
One of the most common questions people ask after separation is: “How long will it take to finalise my property settlement?” The answer is that it depends. Every family is different, and the property settlement timeline in NSW can vary based on the complexity of your circumstances, the level of agreement between you and your former partner, and whether disputes need to be resolved through the Court.
In some cases, a settlement can be reached within a few months through negotiation. In others, delays may arise, such as waiting on valuations, dealing with financial disclosure, or resolving disagreements which can extend the process well beyond a year.
Understanding what the usual pathway looks like, and why delays often occur, will help you manage expectations and navigate the process with more confidence.
Book and prepare for an appointment
- • compile and provide us with any
documents or information we need
- • write down any questions or
concerns you want to raise and bring
those notes with you
Within 2-4 days we will send you an initial
letter/email with Cost Agreement
Please sign the cost agreement and pay
our retainer fee to Trust.
After we meet with you and have your
instructions, we will start to write and call
the otherside and commence
negotiations. We will attempt to find an
amicable resolution.
For parenting matters, if initial
negotiations fail, you will need to attend
a Family Dispute Resolution (FDR)
Mediation.
For property matters, if offers of
settlement and negotiations fail, we may
need to arrange for assets to be formally
valued and may then attempt a form of
mediation or dispute resolution
If negotiations fail, or if the other side are
refusing to respond, we will then discuss
whether we should initiate Court
proceedings. Court documents are very
detailed and we will need some time to
properly prepare them and gather
evidence.
Once we file and serve the other side, they have 28 days to respond & file their documents with the Court. You will be given a Court date and we will appear at Court with you.
What is The Normal Process and Timeline?
Each matter is different. Some matters will resolve quickly. If things are amicable and both parties engage in correspondence – the matter can be relatively quick and resolved by Consent Orders which may take three or four weeks.
If the matter required more negotiation, if may take a few months.
Other matters may be more complex and take longer. If the matter required Court and litigation, it may take over 12 months. We know you want this done quickly and we will do it as fast as we can, but we must be thorough and how the other side acts or their delays are out of our control.
Common Causes of Delays
Even in straightforward cases, property settlements don’t always move quickly. The property settlement timeline in NSW can be extended by a range of issues, from disputes over assets to Court delays. Some of the most common reasons for delays include:
- when there are risks or allegations that are disputed
- if the asset pool is very large or complex
- when the asset pool is not agreed and valuations need to be done on property
- when either party refuses to disclose information or does not respond or engage in negotiations in a timely manner
- if one, or both parties, are not thinking of the “big picture” and arguing over every detail
- if one, or both parties, are not realistic in their expectations
- if mediation is required, as it may take some time to get a mediation date
- if Court proceedings have started, as matters can progress slowly because the Courts are very busy and the Dubbo and regional Courts do not sit everyday.
👉 To learn more in depth about property settlements in family law, read our Property Family Law Brochure.
Federal Circuit & Family Court of Australia (FCFCOA)
If Court proceedings are necessary, the FCFCOA has a “pathway” to guide you through. The Court expects parties to mediate and make a genuine effort to resolve matters before matters will progress to a hearing.
The current Court pathway hopes to finalise matters in twelve (12) months. But delays, especially in regional Courts, are expected.
Depending on how busy the Court is, it may take 2-3 months to get a first list date and the wait list for a court funded Family Report is about 1 year. In our experience, if a matter runs to final hearing it may take about 2 years from the date you start proceedings.
Here to Help You Move Ahead
Going through a property settlement can feel overwhelming, especially when delays or disputes get in the way. But you don’t have to manage it alone. Having the right legal team means having someone in your corner who will guide you through the process, protect your interests, and keep things moving forward.
At Allwright Bourke Lawyers & Conveyancing, we take the stress out of property settlements. With clear advice, practical solutions, and genuine support, we help you navigate every stage so you and your family can move ahead with certainty and peace of mind. Get expert legal support today by reaching out to us at admin@allwrightbourke.com.au or give us a call at 1300 225 297 (1300 ABL AWS).