The Family Law Act 1975 (Cth) applies the same principles to property settlements whether you were married or in a de facto relationship, including same-sex couples. Property covers all assets, liabilities and superannuation owned by either party, before and after separation.
If you and your former partner reach agreement on how your property will be divided, we can formalise it by filing an Application for Consent Orders with the Federal Circuit and Family Court of Australia, or by entering into a binding financial agreement prepared by your solicitor. If agreement cannot be reached, either party can apply to the court for a decision.
In determining a property settlement, the court will:
- identify and value all property at the time of the hearing, with full financial disclosure from both parties;
- assess each party’s direct and indirect financial and non-financial contributions;
- consider each party’s future needs; and
- ensure the outcome is just and equitable.
Applications must be made within 12 months of a divorce becoming final, or within two years of the end of a de facto relationship. Our Family Law team can guide you through the process—whether by negotiation or litigation—to achieve a fair and practical outcome while preserving assets where possible.
