Section 198 of the Family Law Act says this:
Time limits
One thing that’s really different between married relationships and unmarried relationships is that married relationships don’t end without a divorce order, no matter how long the spouses have been separated from each other. Unmarried relationships end when people separate, and that can be critically important for people thinking about making claims for spousal support or the division of property and debt.
(2) A spouse may start a proceeding for an order under Part 5 [Property Division] to divide property or family debt, Part 6 [Pension Division] to divide a pension, or Part 7 [Child and Spousal Support] for spousal support, no later than 2 years after,
(3) Despite subsection (2), a spouse may make an application for an order to set aside or replace with an order made under Part 5, 6 or 7, as applicable, all or part of an agreement respecting property or spousal support no later than 2 years after the spouse first discovered, or reasonably ought to have discovered, the grounds for making the application.
(4) The time limits set out in subsection (2) do not apply to a review under section 168 [review of spousal support] or 169 [review of spousal support if pension benefits].
(5) The running of the time limits set out in subsection (2) is suspended during any period in which persons are engaged in
The effect of time limits
All of that boils down to this. If you were an unily Law Act), you have two years from the date you separated to:
- make a claim for spousal support (that’s the reference to Part 7 in section 198(3) above),
- make a claim for the division of property, including pensions, and debt (that’s the reference to Parts 5 and 6), and
- ask for an order for the protection of property (which are made under Part 5).
