What happens if a spouse discovers grounds for application later than the limitation period?

When a spouse discovers grounds for an application after the expiration of the limitation period, the application generally cannot be filed. Limitation periods are legal time frames set by statute that define the maximum period one can wait after an event before initiating a lawsuit or application. Once this period has passed, the right to bring an application is typically extinguished, barring some exceptions.

In family law, the importance of limitation periods is underscored by the need for finality and predictability in family disputes. Allowing applications to be filed after the limitation period could lead to uncertainties and prolonged disputes, which the law seeks to prevent. While there may be exceptional circumstances that allow for extensions or exceptions—such as fraudulent concealment of relevant facts—these scenarios usually require a specific legal process or special permission from the court.

Therefore, discovering grounds for an application after the limitation period has elapsed limits the options available, reinforcing that the correct response is that the application cannot be filed.