Family Law: Property Settlement After Separation

How property is divided when a relationship ends in Australia.

Time limits: De facto couples have 2 years from separation. Married couples have 12 months from the date of divorce. After these deadlines, you need the court's permission to apply — which is difficult to obtain.

The 4-step process

Australian courts follow a 4-step process when dividing property. There is no automatic 50/50 split — every case depends on its own facts.

1

Identify and value the asset pool

List ALL assets, liabilities, and financial resources of both parties. This includes: property, bank accounts, superannuation, shares, vehicles, businesses, debts, credit cards, and loans. Everything must be valued as at the date of hearing (not separation).

2

Assess contributions

The court assesses each party's financial contributions (income, assets brought into the relationship, inheritances) and non-financial contributions (homemaking, child-rearing, renovations, supporting the other party's career). Both types of contribution are valued equally by law.

3

Consider future needs

Adjustments are made based on: age and health of each party, income and earning capacity, care of children, duration of the relationship, and any other relevant factor under s 79(5) of the Family Law Act (as amended by the Family Law Amendment Act 2024).

4

Just and equitable check

The court steps back and asks: is the proposed division just and equitable in all the circumstances? If not, it adjusts. This is a holistic assessment, not a mathematical formula.

How to formalise a property settlement

Consent orders (recommended)

If you and your former partner agree on how to divide property, you can apply to the court for consent orders. The court reviews the agreement and, if satisfied it is just and equitable, makes it a binding court order. Filing fee: $205 (2025-26).

Binding financial agreement

A private contract between the parties. Each party MUST get independent legal advice before signing. Does not require court approval but is harder to enforce and easier to set aside than consent orders.

Superannuation

Superannuation is treated as property and can be split. You need:

  • A valuation of each party's super as at the date of separation
  • Identification of the super fund(s) and member numbers
  • A superannuation splitting order (in consent orders or court orders) or a flagging order to prevent withdrawal

Financial disclosure

Full and frank disclosure is mandatory. Both parties must disclose all assets, income, liabilities, and financial resources. Hiding assets is a serious offence that can result in the court setting aside the entire settlement and awarding costs against the non-disclosing party.

Where to get help

Search for similar cases

See how courts have decided property settlement disputes:

Property settlement cases Super splitting cases

Related guides

Debt Recovery

Enforcing financial orders and recovering money from property settlements.

Defamation

If your former partner has made defamatory statements about you.

This guide is general information only, not legal advice. Property settlements are complex and fact-specific. You should get independent legal advice before agreeing to any property division. Contact Legal Aid, Family Relationships Online (1800 050 321), or a family lawyer.