Frequently asked questions

There is no simple formula to work out who gets what when a relationship ends. Many different things are taken into account and it depends on your circumstances.

See:

• What property can be divided?
• How is the property divided?

No. But, if you leave and the house is in your ex-partner’s name only, get legal advice.

You may need to take steps to protect your interests. For example – to stop your ex-partner from selling the house without your agreement or increasing the mortgage against the house.

If you want to leave and are worried about your safety, see staying safe.

If you feel unsafe in your home and want the other person to leave, get legal advice.

Sometimes a Domestic Violence Order or an injunction made by the Family Courts can make one person leave the home.

• Domestic and family violence may be relevant in a property settlement. As every case is different, it’s important to get legal advice.
• It is important to tell your lawyer if you have experienced domestic and family violence as it may change the legal advice they give you, and it allows them to run your case in a safe way.
• Domestic and family violence violence is also relevant if you need orders for your protection.
• See I have experienced domestic and family violence – can the Family Courts make orders for my protection?

No. If you were married or in a de facto relationship (including same-sex couples) the court will look at the same factors when it decides how to divide your property after you separate.

The main difference is the time-limit to start a case for a property settlement or spousal or de facto maintenance.

If you are in Western Australia, get legal advice as the laws are a bit different for de facto couples.

No. You can start negotiations about how to divide your property as soon as you separate.

No. The Family Courts look at a range of things when they decide how to divide property. It is not as simple as just dividing the property 50:50. See how is the property divided?

This will depend on your situation. The family home is only one type of property that can be divided. See what property can be divided?

You should get legal adviceabout this.

This will depend on your situation. You and your ex-partner can make arrangements about the family pet when separating. If you cannot agree, the family law courts can make orders for one of you to keep the family pet or it be sold/given away but cannot make orders for shared ownership or shared care. The court must consider factors including:

• extent to which each party contributed to care and maintenance of the family pet.
• history of any animal abuse or threats of abuse as a form of family violence
• emotional attachment of each party, or children of the relationship to the family pet.

You should get legal advice about this.

Debts and loans can also be dealt with as part of a property settlement—even if they are only in one person’s name. Get legal advice about your situation.

If you are having a hard time paying your debts, speak to a financial counsellor to discuss your options. Call the National Debt Hotline on 1800 007 007.

It may be if you haven’t done a property settlement.

It will depend on the circumstances, so get legal advice.

If you are worried that your partner may sell or give away property or get a new loan without telling you, get legal advice.

You may be able to apply to court for urgent orders to stop your ex-partner selling property or accessing bank accounts until a final decision is made about your property.

When trying to resolve the property matter, you and your ex-partner have a duty to disclose all relevant financial information and documents to each other and the court. This is an ongoing duty.

If your case is in court and you don’t think your ex-partner is telling the truth, you or your lawyer can issue a subpoena (a written order requesting information).

For more information about the duty of disclosure, see:

• Duty of disclosure | Federal Circuit and Family Court of Australia, or
• The Family Court of Western Australia factsheet if you are in Western Australia.

Get legal advice to see if you can apply to the court for spousal or de facto maintenance.

You may also be able to get help with money from Centrelink, Child Support or a victim’s compensation scheme. See financial help.

If you are having a hard time with money, speak to a financial counsellor to discuss your options. Call the National Debt Hotline on 1800 007 007.

Sometimes a property settlement can be set aside if a person was forced to agree to it against their will.

You should get legal advice about your situation.

The Family Courts may consider you were in a de facto relationship if at least one of these things apply to you:

• your de facto relationship lasted for at least 2 years, or
• you have a child with your de facto partner, or
• you made a large contribution to your ex-partner’s property or finances.

If there is a disagreement about whether you were in a de facto relationship, the Family Courts will look at your relationship and decide if you were in a de facto relationship.

If you aren’t sure whether you were in a de facto relationship, get legal advice.

If you were in a de facto relationship, you can apply for a property settlement under the Family Law Act 1975 (Cth) or the Family Court Act 1997 (WA)

If you are in Western Australia, get legal advice as the laws are a bit different for de facto couples.

For more information about de facto relationships, see resources.

• Best for Kids – Property and Money – with video – subtitles including in Arabic, Chinese and Vietnamese
• Family Court of Australia – De facto relationships
• Federal Circuit Court of Australia – Property and Finances After Separation
• Relationships Australia – A Fair Share – Negotiating your Property Settlement
• Shoal Coast CLC – Property Settlement Workbook

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