If you were married or in a de facto relationship, you can divide the property from your relationship after you separate. This is called a property settlement.
It does not matter if the property is only in one person’s name. This is because a court can change who owns what to make sure that the property is divided fairly.
There are time-limits for doing a property settlement so you should get legal advice quickly.
Cash and investments.
The family home, land and investment properties ― this includes anything that either of you owned before the marriage.
The family business.
Trusts, shares, stocks and bonds.
Cars and other vehicles―such as caravans or boats.
Personal property―such as jewellery and tools.
Household items—such as furniture.
Insurance policies.
Gifts, inheritances and lottery wins.
Redundancy or compensation payouts.
Other entitlements―like long service leave and personal injury claims.
Debts—including mortgages, loans, credit cards and personal debts.
Superannuation.
Companion animals.
If you split superannuation, you usually don’t get it until you retire.
In Western Australia, the law is different for de facto couples and superannuation, so get legal adviceACTNSWNTQldSATasVicWA.
See resources for more information on dividing superannuation.
Get legal adviceACTNSWNTQldSATasVicWA about what else is included.
- The impact of domestic and family violence could be relevant when assessing your contributions to the property pool and to the welfare of the family, and when assessing your current and future circumstances. As every case is different, it’s important to get legal adviceACTNSWNTQldSATasVicWA.
- 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 is also relevant if you need orders for your protection.
- The impact of domestic and family violence could be relevant when assessing your contributions to the property pool and to the welfare of the family, and when assessing your current and future circumstances. As every case is different, it’s important to get legal adviceACTNSWNTQldSATasVicWA.
- 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 is also relevant if you need orders for your protection.
- The Family Courts can order Personal Protection Injunctions. This can help protect you by ordering the other person not to do certain things. A Personal Protection Injunction is different to a Domestic Violence Order.
- It’s important to get legal adviceACTNSWNTQldSATasVicWA about Personal Protection Injunctions and Domestic Violence Orders.
What if someone breaks an injunction?
If you have a Personal Protection Injunction and the other person breaks the order you should get legal adviceACTNSWNTQldSATasVicWA about the next steps.
This may include reporting the breach to the police and telling the Family Courts.
If you or someone you are with is in immediate danger―call police on Triple Zero 000.
- The Family Courts can order Personal Protection Injunctions. This can help protect you by ordering the other person not to do certain things. A Personal Protection Injunction is different to a Domestic Violence Order.
- It’s important to get legal adviceACTNSWNTQldSATasVicWA about Personal Protection Injunctions and Domestic Violence Orders.
What if someone breaks an injunction?
If you have a Personal Protection Injunction and the other person breaks the order you should get legal adviceACTNSWNTQldSATasVicWA about the next steps.
This may include reporting the breach to the police and telling the Family Courts.
If you or someone you are with is in immediate danger―call police on Triple Zero 000.
- Family Court of WA – De facto relationships
- Family Court of WA – Disclosure in property and financial cases
- Family Court of WA – Pre-action procedures
- Family Court of WA – Property and financial cases
- Family Court of WA – Superannuation Kit
Video
- Legal Aid Western Australia – Property and Money video