After separation, you and your former partner will need to decide how your property, superannuation and debts are divided. Getting this right affects your financial security for years to come. We give you a realistic view of where you stand and help you reach a fair, legally binding outcome – by agreement wherever possible.

Who can apply?

Married couples can seek property orders under the Family Law Act 1975 (Cth). De facto couples (including same-sex couples) generally can too, if they lived together for at least two years, have a child together, made substantial contributions that would cause serious injustice if not recognised, or registered their relationship.

Strict time limits apply

• Married couples: within 12 months of a divorce order taking effect.
• De facto couples: within two years of the relationship ending.

After those deadlines, you need the court’s permission to apply. You do not need to wait for a divorce to sort out property, and there are often good reasons not to.

How is property divided?

There is no automatic 50/50 split. The court’s task is to make orders that are just and equitable in the circumstances. Amendments to the Family Law Act that took effect in June 2025 set out the approach, which broadly involves:

1. Identifying the asset pool – all property and liabilities of either or both parties, wherever they are held, including the family home, investments, businesses and superannuation.
2. Assessing contributions – financial contributions (such as income, savings, inheritances and gifts), non-financial contributions, and contributions as a homemaker and parent.
3. Considering current and future circumstances – such as each person’s age, health, earning capacity, care of children, housing needs of the children, and the economic effect of any family violence.
4. Checking the outcome is just and equitable overall.

Superannuation

Superannuation is treated as property and can be split between former partners. A super split does not usually mean the money can be accessed immediately; it is generally transferred into the receiving person’s superannuation account.

Full and frank disclosure

Both parties have an ongoing duty to provide full and frank disclosure of their financial circumstances, including documents such as tax returns, bank statements, superannuation statements and business records. Failing to disclose can have serious consequences.

Ways to finalise a property settlement

• Consent orders – an agreement made into court orders without a hearing. Learn about consent orders.
• A binding financial agreement – a private contract that meets strict legal requirements. Learn about financial agreements.
• Court proceedings – where agreement cannot be reached. Before filing, parties are generally required to follow pre-action procedures, including genuine attempts to resolve the dispute.

An informal agreement that is not documented in one of these ways is not binding, which can leave you exposed to a claim later.

Common questions

Does it matter who earned more or whose name the house is in?

Not on its own. The court looks at all contributions, including homemaking and parenting, and at the whole asset pool regardless of whose name assets are held in.

What about property we had before the relationship?

It forms part of the asset pool, but the fact that one person brought it into the relationship is taken into account as a contribution.

Can I stay in the house until things are sorted out?

Often, yes, but it depends on your circumstances. Get advice before moving out or changing arrangements for the mortgage.

Related services

• Separation & Divorce
• Parenting Arrangements
• Spousal Maintenance
• Domestic & Family Violence
• Consent Orders
• Financial Agreements (BFAs)

This page is general information only and is not legal advice. Every family is different – please contact us for advice about your situation.