Property
Settlement.

hen a relationship ends—whether you were married or in a de facto relationship—you’ll likely need to work out how to divide your property, money, debts and super.

This process is called a property settlement, and under Australian family law, the goal is to reach a fair and reasonable outcome—not necessarily a 50/50 split.

This page explains how property settlement works, what the law looks at, and how you can sort it out—often without going to court.

What Counts as “Property”?

Property doesn’t just mean real estate. It includes:

• Homes and investment properties

• Superannuation

• Cars, shares, savings

• Business interests

• Debts and loans

If it has value—it’s part of the property pool.

Who Can Apply for a Property Settlement?

• Married couples: Any time after separation, but within 12 months of your divorce

• De facto couples: Within 2 years of separation

Miss the deadline? You’ll need special permission from the Court.

How Does the Court Decide on %?

The Family Court uses a four-step process to decide a fair split:

1. Identify the property pool – What do you own and owe?

2. Assess contributions – Who brought what into the relationship? Who earned the income, paid bills, raised kids?

3. Consider future needs – Age, health, income, children, and financial disparity

4. Make sure it’s fair – The final decision must be just and equitable

You can use the same process in private negotiations or mediation.

Real Example:

Michelle and Greg were together for 12 years. Michelle earned more, but Greg stayed home with the kids. They agreed that Greg would keep more super and Michelle would keep the house. They formalised it with Consent Orders—no court needed.

Do You Have to Go to Court?

No. Most property settlements are sorted:

• Between the couple directly

• Through mediation or family dispute resolution

• Using Consent Orders or a Binding Financial Agreement

Court is a last resort if you can’t agree.

What About the Family Home?

You have a few options:

• One person keeps the home and buys out the other

• You sell the home and split the proceeds

• You offset its value with other assets

• You transfer ownership to one party

It all depends on your finances and future needs.

What If Only One Person’s Name Is on the Title?

That doesn’t matter. Property settlements look at the whole picture—including financial and non-financial contributions. If you were in a genuine relationship, the law considers what’s fair, not just what’s on paper.

Final Thought

Property settlement can feel daunting—but you don’t have to go through it alone or take it to court. With the right info and support, most couples reach a fair outcome and move on with confidence.

When a relationship ends—whether you were married or in a de facto relationship—you’ll likely need to work out how to divide your property, money, debts and super.

This process is called a property settlement, and under Australian family law, the goal is to reach a fair and reasonable outcome—not necessarily a 50/50 split.