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Legal Hotline› Australia› Property Settlement

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Property Settlement

Dividing your home, savings, debts and super after a relationship ends is rarely simple — and there are firm deadlines for going to court if you can't agree. Call the free hotline now to find out how property settlement works in your situation, what you may be entitled to, and how long you've got to act.

Call now — 1800 951 176

Free legal information, 24/7. Speak to a real lawyer about your situation, any time.

There are strict time limits. If you were married, you generally have 12 months from the day your divorce becomes final to apply to the court for a property settlement. If you were in a de facto relationship, you have 2 years from the date you separated. Apply outside those windows and you need the court's permission — which is not guaranteed. The earlier you get advice, the better placed you are, so it pays to call today.

Property Settlement at a glance

Which law applies
The federal Family Law Act 1975 — handled by the Federal Circuit and Family Court of Australia, the same Australia-wide
Time limit to apply
Married: within 12 months of your divorce becoming final. De facto: within 2 years of separating. Out of time, you need the court's leave
How it''s decided
The court works out the asset pool, weighs each person's contributions, looks at future needs, then decides what split is just and equitable
Does super count
Yes — superannuation is treated as property and can be split between you, even though you can't cash it out early
Do you have to go to court
No. If you agree, you can lock it in with consent orders or a binding financial agreement — no hearing needed
Family violence
Since June 2025 the law lets the court take the economic effect of family violence into account when dividing property
How urgent
The deadlines are real and assets can be moved or sold in the meantime — getting advice early protects your position

What property settlement actually means

Property settlement is the legal process of dividing what you and your former partner own and owe after a marriage or de facto relationship ends. It covers far more than the family home — it takes in savings and bank accounts, cars, furniture, businesses, investments, inheritances, and your superannuation, as well as the debts like mortgages, loans and credit cards.

It applies whether you were married or in a de facto relationship, including same-sex relationships. The rules sit in one federal law, the Family Law Act 1975, and the same court — the Federal Circuit and Family Court of Australia — deals with these matters right across the country. So the basic approach is the same whether you separated in Perth, Brisbane or anywhere in between.

Importantly, there's no automatic "50-50" split, and it isn't simply about whose name things are in. The law looks at the whole relationship to work out a result that's fair in your particular circumstances — which is exactly why a quick, free call can help you understand where you're likely to land before you agree to anything. Talk it through with a lawyer now →

How the court decides who gets what

Since June 2025, the approach the court takes is set out in the legislation itself. In practice it works through the same broad stages family lawyers have used for years:

• First, it identifies and values the asset pool — everything you both own and owe, including superannuation.
• Then it assesses each person's contributions. That means financial contributions like wages and savings, but also non-financial ones — looking after the home, raising children, and unpaid work that allowed the other person to build their career or assets.
• Next it looks at future needs: things like your age and health, who has the main care of the children, your earning capacity, and how long the relationship lasted.
• Finally, it stands back and asks whether the proposed division is just and equitable in all the circumstances.

A change that took effect in June 2025 means the court can now also take into account the economic effect of family violence — for example, where abuse has damaged someone's ability to earn or contribute. Every case turns on its own facts, so two relationships that look similar on paper can end up with very different outcomes. Talk it through with a lawyer now →

The deadlines — and why they bite

This is the part people most often get wrong. The Family Law Act sets firm time limits for asking the court to divide property:

• If you were married, you generally have 12 months from the day your divorce becomes final.
• If you were in a de facto relationship, you have 2 years from the date you separated.

Miss the window and you can't simply file anyway — you have to ask the court for special permission, known as leave to apply out of time. The court can grant it where refusing would cause real hardship, but it doesn't have to, and it weighs that against any unfairness to the other side. In short, getting in late is possible but never guaranteed, and it makes everything harder and more expensive.

There's a second reason not to wait: until things are formalised, assets can be spent, sold or shifted, and accounts emptied. The sooner you understand your position, the sooner you can protect it. Talk it through with a lawyer now →

Superannuation can be split

A lot of people are surprised to learn that superannuation counts. Under the Family Law Act, super is treated as a form of property, which means it can be valued and split as part of your settlement — even though you generally can't access the money until retirement.

A super split can run either way: from one person's fund to the other's. It doesn't turn into cash; it stays locked in super under the usual rules. For most funds there's a standard method for working out the value, but some — like self-managed super funds — usually need an expert valuation.

For couples where one partner stayed home or worked part-time while the other built up a much larger balance, super can be one of the most valuable things on the table. It's well worth making sure it isn't overlooked, which is something the hotline can flag for you straight away. Talk it through with a lawyer now →

If you agree, you may not need a hearing

You don't have to fight it out in a courtroom. If you and your former partner can reach an agreement, there are two main ways to make it legally binding.

The first is **consent orders**. You set out the agreed division in an application and ask the court to approve it. A registrar checks it's fair and, if satisfied, makes it into a formal court order — without anyone having to attend a hearing. Once made, consent orders are enforceable just like any order a judge makes.

The second is a **binding financial agreement**. This is a private contract between you, and it doesn't go to the court for approval — but each of you must get your own independent legal advice for it to be valid, and there are strict rules about how it's drawn up.

Both have their place, and the right choice depends on your circumstances. Getting it documented properly the first time avoids the agreement falling apart or being reopened later — a call is the quickest way to work out which path suits you. Talk it through with a lawyer now →

Mistakes that cost people dearly

• Letting the deadline pass — 12 months after divorce, or 2 years after a de facto separation — and losing the automatic right to apply.
• Assuming everything just splits down the middle, or that assets only count if they're in your name.
• Forgetting about superannuation, or signing away a share of it without realising what it's worth.
• Doing an informal "handshake" deal that was never made into consent orders or a binding agreement — leaving it open to be challenged years later.
• Signing a settlement under pressure, or before getting advice, then finding out too late it was well short of fair.
• Not raising the economic impact of family violence, which the court can now take into account. Talk it through with a lawyer now →

How Legal Hotline helps — right now

Separating is stressful enough without trying to decode family law on your own. Legal Hotline is a free service you can call any time, day or night. In one call we'll help you understand how property settlement is likely to work in your situation, whether you're still within time, what counts as part of the pool — including super — and whether consent orders or an agreement might suit you.

If you need someone to act for you, we'll connect you with an experienced family lawyer, anywhere in Australia, usually within the hour. There's no cost to call and no obligation. If your relationship has ended and the finances aren't sorted, the smartest first step is simply to pick up the phone. Talk it through with a lawyer now →

How property settlement works, step by step

1
Get advice and gather the pictureBefore anything is split, you work out what's in the pool — property, savings, debts, businesses and superannuation. A free call helps you understand your position and the deadline that applies to you.
2
Try to reach an agreementMany couples negotiate a fair division between themselves, often with their lawyers or through mediation, without ever needing a courtroom. Knowing what's fair before you start makes a real difference.
3
Formalise the agreementIf you agree, you lock it in with consent orders approved by the court, or a binding financial agreement with independent advice on each side — making it legally enforceable.
4
Apply to court if you can''t agreeIf agreement isn't possible, an application is filed within the time limit. The court identifies the pool, weighs contributions and future needs, and decides a just and equitable split.

Property Settlement — your questions answered

How long do I have to sort out a property settlement?

If you were married, you generally have 12 months from the day your divorce becomes final to apply to the court. If you were in a de facto relationship, you have 2 years from the date you separated. After that you need the court's permission to apply, which isn't guaranteed — so it's best to get advice early.

Is everything split 50-50?

No. There's no automatic equal split. The court works out the asset pool, weighs up each person's financial and non-financial contributions, considers future needs like care of children and earning capacity, and then decides what division is just and equitable. The result depends entirely on your circumstances.

Does my ex get half my superannuation?

Not automatically, but super does count. Superannuation is treated as property under the Family Law Act and can be valued and split as part of a settlement — in either direction. It stays locked in super rather than being paid out as cash. Whether it's split, and by how much, depends on the overall picture.

Do we have to go to court?

No. If you and your former partner agree, you can make it legally binding without a hearing — either through consent orders (which the court approves on the papers) or a binding financial agreement (a private contract, with independent legal advice on each side). Court is generally a last resort when you can't agree.

We agreed everything verbally — is that enough?

An informal agreement isn't secure. Until it's formalised through consent orders or a binding financial agreement, either of you can later seek a different outcome, and the deal can be reopened. Getting it documented properly is what makes it final and enforceable. A quick call can point you to the right option.

I missed the deadline — is it too late?

Not necessarily. You can ask the court for permission to apply out of time, and it may be granted where refusing would cause real hardship. But the court doesn't have to allow it, so being late makes things harder. If you think you're outside the window, get advice straight away.

Is calling Legal Hotline really free?

Yes. The information line is free and open 24 hours a day, 7 days a week. Call any time to understand where you stand with your property settlement — no cost, no obligation.

Not sure where you stand? Find out in minutes.

Call the free hotline any time. We'll help you understand your options and, if you need one, connect you with a lawyer — anywhere in Australia, usually within the hour.

Call now — 1800 951 176

Free legal information. Not legal advice.

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Last updated 6 June 2026
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