Family Law Services › Property Settlement
Property Settlement After Separation — Know Your Entitlements
Property settlement after separation is one of the most financially significant legal processes you will face. Assets, superannuation, business interests, and debts all need to be divided — and courts follow a four-step process that is more nuanced than a simple 50/50 split. Get connected with a property settlement lawyer for a free assessment before your 12-month deadline expires.
⚠ You have 12 months after divorce (or 2 years after de facto separation) to apply for property settlement. Missing this deadline can permanently extinguish your claim. Get advice now.
What We Help With
Property and financial matters after separation — fully covered.
From the family home to superannuation, business interests to debts — every asset and liability needs to be identified, valued, and divided. A property settlement lawyer ensures your entitlements are protected.
Consent Orders
Formalising an agreed property settlement as consent orders approved by the FCFCOA — binding on both parties and enforceable if one later breaches the agreement.
Contested Property Proceedings
Where parties cannot agree, commencing proceedings in the Federal Circuit and Family Court for a binding property settlement order.
Superannuation Splitting
Splitting superannuation as part of a property settlement — including flagging orders, splitting orders, and advice on the tax implications of superannuation as an asset.
Business & Company Interests
Valuing and dividing business interests, company shares, trust assets, and goodwill in a property settlement — including forensic accounting where figures are disputed.
Spousal Maintenance
Assessing eligibility for spousal maintenance — a separate obligation that requires one party to financially support the other if they cannot adequately support themselves after separation.
Injunctions & Asset Protection
Urgent injunctions to prevent the dissipation, transfer, or disposal of assets before settlement is finalised — including freezing orders and property injunctions.
How Courts Divide Property
It's not 50/50 — courts follow a four-step process.
The Federal Circuit and Family Court of Australia applies a structured four-step process to reach a "just and equitable" division of property. Understanding this process explains why outcomes vary significantly between couples.
Step 1 — Identify and value the asset pool
The court identifies all property, assets, and financial resources of both parties — including real estate, superannuation, bank accounts, investments, business interests, vehicles, and debts. Hidden assets, transfers to third parties, and deliberate waste of assets are taken into account. The pool is usually valued as at the date of the hearing, not the date of separation — meaning market movements matter.
Step 2 — Assess contributions
The court considers each party's financial contributions (income, inheritance, pre-relationship assets) and non-financial contributions (homemaking, parenting, unpaid business support). Contributions are assessed over the entire relationship — not just at separation. A party who made significant homemaking and parenting contributions can be recognised equally with a high-income partner, depending on the circumstances.
Step 3 — Assess future needs (section 75(2) factors)
Under section 75(2) of the Family Law Act, the court adjusts the division to account for each party's future circumstances — including age, health, earning capacity, care of children, financial resources, and whether either party is in a new relationship. A primary carer with limited earning capacity typically receives an adjustment in their favour to reflect the economic impact of caring responsibilities.
Step 4 — Is the outcome just and equitable?
After steps 2 and 3, the court asks whether the proposed division is just and equitable in all the circumstances. Short marriages, large inheritances, or significant pre-relationship assets can result in very different outcomes from the "default" division. This step acts as a final check on the fairness of the overall result before any order is made.
Superannuation is treated as property
Superannuation accumulated during the relationship is included in the property pool. The Family Law Act permits superannuation splitting orders — transferring a portion of one party's super to the other's fund, or as a payment split. Tax implications and fund-specific rules apply. Superannuation accumulated before the relationship began is generally treated as a contribution that favours the accumulating party.
Consent orders are binding — informal agreements are not
A property settlement only provides legal finality if it is formalised as consent orders approved by the FCFCOA, or as a binding financial agreement (BFA) under the Family Law Act. A verbal agreement or even a written agreement that is not court-approved is not binding — either party can later return to court and seek a different outcome. This is a risk many separating couples do not understand until it is too late.
How It Works
One request. The right property settlement lawyer.
Describe your situation — what assets are involved, where you are in the process, and any urgency. A family property lawyer will contact you for a free assessment.
Submit Your RequestDescribe your property situation
Include the key details — type of assets, approximate values, date of separation, whether you are divorced or still married, and any urgency around the 12-month deadline.
Matched to a property lawyer
Your request is matched to a family lawyer with experience in property settlement proceedings in your state — including complex asset cases involving business interests and superannuation.
Free assessment arranged
A property settlement lawyer contacts you to assess your entitlements, advise on the four-step process, and explain the best approach for your situation.
Common Questions
Property settlement — frequently asked questions.
Is property always split 50/50 in Australia?
No. Property is divided based on the four-step process — contributions, future needs, and what is just and equitable. Outcomes range from 35/65 to 65/35 depending on the specific circumstances. Short marriages with unequal pre-relationship assets, significant inheritances, or one party's primary caring role can all produce very different results from an equal split.
Can my ex take my inheritance in a property settlement?
An inheritance received during the relationship is generally included in the property pool but is treated as a contribution by the recipient. The significance of an inheritance depends on when it was received, whether it was "kept separate" or mixed with relationship assets, the size of the asset pool relative to the inheritance, and the length of the relationship. Early legal advice protects inheritances that should be treated as contributions.
Does superannuation get split in a divorce?
Superannuation accumulated during the relationship is included in the property pool and can be subject to a superannuation splitting order. The court can order that a portion of one party's superannuation be transferred to the other party's superannuation fund. The amount subject to splitting depends on the contributions assessment and the overall property pool — not just the super balance.
What is a consent order and why do I need one?
A consent order is a written property settlement agreement approved by the FCFCOA. It is legally binding and enforceable — unlike a verbal agreement or informal document. Without a consent order or binding financial agreement, your property settlement is not finalised and either party can return to court later. Most lawyers strongly recommend formalising any agreed settlement as consent orders.
How long does property settlement take in Australia?
An agreed settlement (consent orders) can be finalised within 2 to 3 months if both parties agree and lawyers prepare the documents efficiently. Contested property proceedings in the FCFCOA can take 12 to 24 months or longer, depending on complexity, court lists, and whether the matter goes to trial. Early negotiation and mediation can significantly reduce cost and time.