Property Settlement

There’s no fixed formula — the court considers what each person contributed (financially and non-financially), future needs, and what’s fair in all the circumstances. Settlements can be negotiated privately or decided by a court if needed.

Learn how property settlements work in our Guide to Property Division After Separation.

No — you don’t need to be divorced to reach a property agreement. In fact, it’s often better to finalise property matters soon after separation. Just remember, you have 12 months after your divorce is final to apply to the court if needed.

More details in A Family Lawyer’s Guide To Preparing For Separation.

‘Property’ includes everything you and your ex own together or separately — homes, cars, bank accounts, superannuation, businesses, investments, and even debts.

Learn what gets considered in Understanding Property Divisions In Queensland?

Yes. Many couples reach an agreement through negotiation, mediation, or collaborative law. If both parties agree, your settlement can be formalised with Consent Orders or a Binding Financial Agreement.

We outline your options in The Process For Achieving Property Settlement Through Mediation.

If negotiation fails, you can apply to the Federal Circuit and Family Court to have a judge decide. The court follows a four-step process to determine a fair division.

Yes. Superannuation is treated as property under Australian family law and can be split between parties. The process requires specific documentation and often legal advice.

We explain how this works in Superannuation and Property Settlements.

A Consent Order is a legally binding agreement that’s approved by the court. It can cover both parenting and property matters, and helps formalise a property settlement without needing a court hearing.

See how they work in our Guide to Consent Orders.

This depends on your overall asset pool, contributions, and needs. One person may keep the home, or it may be sold and proceeds divided. Courts don’t automatically split everything 50/50.

More details in Who Can Stay In The Family Home?

Yes. If you’re divorced, you must finalise your property settlement or apply to the court within 12 months of the Divorce Order. De facto couples have two years from the date of separation.

We cover this in How Long After A Divorce Is Finalised Can Your Ex Spouse Claim Property?

Yes. One of the most effective methods of protecting assets in a de facto relationship is creating a Binding Financial Agreement (BFA) with your partner, which can be entered into at any point during the relationship or even during the process of separation.

To learn more about how to protect your assets – contact us today.