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 adviceACTNSWNTQldSATasVicWA.

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 adviceACTNSWNTQldSATasVicWA.

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

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 adviceACTNSWNTQldSATasVicWA 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.

If you were married—you have 12 months from the date you got divorced to start court action about property or spousal maintenance.

This time-limit may not apply to you if you have a legal divorce from overseas. Get legal adviceACTNSWNTQldSATasVicWA.

If you were in a de facto relationship—you have 2 years from the date of you separated to start court action about property or de facto maintenance.

If you are outside the time-limit, you can ask the court for permission to apply out of time. The court will only allow this if you have a very good reason. Get legal adviceACTNSWNTQldSATasVicWA.

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

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 adviceACTNSWNTQldSATasVicWA 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 adviceACTNSWNTQldSATasVicWA 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 adviceACTNSWNTQldSATasVicWA.

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

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.

In property cases there are rules about ‘full and frank disclosure’. This means both you and your ex-partner must tell each other and the court the truth about your financial situation.

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).

Lying or not telling the court about your financial situation can affect the outcome of the case.
For more information about disclosing your financial situation in property cases, see:

• the Family Court of Australia factsheet, or
• the Family Court of Western Australia factsheet if you are in Western Australia.

Get legal adviceACTNSWNTQldSATasVicWA 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 helpACTNSWNTQldSATasVicWA.

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 adviceACTNSWNTQldSATasVicWA 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 adviceACTNSWNTQldSATasVicWA.

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 adviceACTNSWNTQldSATasVicWA 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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