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.
See resources for more information.
If you and your ex-partner don’t agree about how to divide your property, you can:
- try Family Dispute Resolution (mediation)
- to find out about out about government-funded services that offer free or low-cost Family Dispute Resolution for property matters, call the Family Relationship Advice Line on 1800 050 321
- you can also pay for a private Family Dispute Resolution service, you can find one through the Family Dispute Resolution Register
- you can also do Family Dispute Resolution with the help of a lawyer. Talk to your local Legal Aid or Family Advocacy and Support Service to see if they can help you
- get a lawyer to help you negotiate with your ex-partner
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.
- work out what all the property that is in your name, your ex-partner’s name or joint names is worth
- look at what financial and non-financial contributions you and your ex-partner made
- financial contributions can include things like income, inheritances or gifts of money from your family
- non-financial contributions can include things like homemaker duties like cooking, cleaning, do-it-yourself renovations, working for no pay in the family business and looking after your children
- look at what each person will need in the future. For example―it will look at the age and health of each person, their ability to work and who will look after your children
- once the court has considered each of the above steps, it makes sure the division is fair and reasonable.
For more information, see resources.
- 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 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 is also relevant if you need orders for your protection.
When you see a lawyer you can give them this information and important documents. Giving a lawyer this information at the outset may help to keep your legal costs down.
You can get free legal advice from your local Legal Aid office, Family Advocacy and Support Service or community legal centre. Some private family lawyers offer you a free first appointment if you ask.
Choose your State or Territory for services that can provide get legal advice.
Can I get Legal Aid?
- Best for Kids – Property and Money – with video – subtitles including in Arabic, Chinese and Vietnamese
- Family Court of Australia – Before you file - pre-action procedure for financial cases
- Family Court of Australia – Financial Statement (Do it Yourself Kit)
- 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
- Family Court of Australia – Family Law and Superannuation
- Family Court of Australia – Superannuation Information Kit
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- 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
- 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.