Do you lose your share of the house if you move out?

No. Leaving the family home does not remove a right to a share of the property. The court looks at both parties' contributions and future needs, not at who stayed in the house.

Is an inheritance included in a property settlement?

Yes. An inheritance is generally part of the property pool and is treated as a contribution by the person who received it. Its weight usually reduces over time as it mixes with other assets, and one received shortly before separation is often treated differently.

Can a property settlement be reopened?

Only in limited cases. Under section 79A of the Family Law Act 1975 (Cth), the court can set aside property orders for fraud, duress, suppression of evidence including non-disclosure, false evidence, impracticability, default, or exceptional circumstances affecting a child.

Is stamp duty payable when the house is transferred?

It depends on the state. In South Australia, section 71CA of the Stamp Duties Act 1923 (SA) exempts transfers between former partners made under a family law agreement or court order. In other states, check the conditions with the state revenue office before the transfer.

Can you have a property settlement without going to court?

Yes. Most couples agree terms and formalise them as consent orders, which the court approves on the papers, or as a binding financial agreement, which does not involve the court at all.

Property Settlement After Separation: How It Works

A property settlement divides a separated couple's assets, debts and superannuation under section 79 of the Family Law Act 1975 (Cth), or section 90SM for de facto couples, and court proceedings must start within 12 months after a divorce takes effect or within 2 years after a de facto relationship ends. After those deadlines, the court's permission is needed, and it is granted only if refusing it would cause hardship.

Most couples settle by agreement and formalise the result as consent orders or a binding financial agreement. The court decides only when agreement fails, using four steps that since 10 June 2025 are written into section 79 itself. The first practical steps are to list every asset and debt, exchange financial documents, and try dispute resolution. Family Lawyers in Australia advise on the value of a claim before negotiations start.

What is a property settlement?

A property settlement is the division of the property of a separated couple, meaning all assets, liabilities and financial resources held by either or both of them. Its purpose is to end the financial relationship between the parties, as far as practicable (section 81 for married couples, section 90ST for de facto couples). The property pool includes the family home, investment property, vehicles, savings, shares, business interests, cryptocurrency and superannuation, regardless of whose name each item is in.

What is the time limit for property settlement?

The time limit for property settlement is 12 months after a divorce takes effect for married couples and 2 years after separation for de facto couples.

Relationship	Time limit to apply to court	Section
Married, divorced	12 months after the divorce order takes effect	Section 44(3)
Married, not yet divorced	No time limit while the marriage continues	Section 44(3)
De facto	2 years after the relationship ends	Section 44(5)
De facto in WA, superannuation claims	2 years after the relationship ends	Section 44(7)
Out of time, either	Court's permission (leave) needed	Sections 44(4) and 44(6)

After divorce

Married couples have 12 months from the date the divorce order takes effect. A divorce order takes effect 1 month and 1 day after it is made, so the clock starts on that later date.

After a de facto relationship ends

De facto couples have 2 years from the end of the relationship. A de facto couple can apply only if the relationship lasted at least 2 years in total, there is a child of the relationship, the relationship was registered under a state or territory law, or the applicant made substantial contributions and would suffer serious injustice without an order (section 90SB). The What Is a De Facto Relationship in Australian Law? guide explains how the court decides whether a relationship existed.

Can you apply after the time limit?

Yes, with the court's permission. Under sections 44(4) and 44(6), the court grants leave only if hardship would be caused to a party or a child if leave were refused. Both parties can also consent to a late application, although the court can dismiss it if the consent was obtained by fraud, duress or unconscionable conduct.

Can you divorce before property settlement?

Yes. A divorce and a property settlement are separate proceedings. A divorce needs only 12 months' separation under section 48, and property orders can be made before or after it. The divorce starts the 12-month deadline, so many couples finalise property before or soon after the divorce. The How to Get a Divorce in Australia guide sets out the divorce steps.

How does the court divide property?

The court divides property in four steps, which section 79(3) to (5) has set out in the Act since 10 June 2025 (Family Law Amendment Act 2024 (Cth)). The same steps apply to de facto couples under section 90SM.

Firstly, identify and value the property. The court identifies the existing legal and equitable interests in property and the existing liabilities of either or both parties (section 79(3)(a)), usually valued at the date of the settlement or trial, not the date of separation.
Secondly, assess contributions. The court considers financial and non-financial contributions to the property, and contributions to the welfare of the family, including as a homemaker or parent (section 79(4)). Since 10 June 2025, it must also consider the effect of family violence by one party on the other party's ability to make contributions (section 79(4)(ca)).
Thirdly, assess current and future circumstances. The court considers each party's age, health, income and earning capacity, care of children under 18, including the need to provide them with appropriate housing, and other listed factors (section 79(5)). Before 10 June 2025 these factors were drawn from section 75(2), which continues to govern spousal maintenance. Since 10 June 2025, section 79(5) also lists the effect of family violence on a party's circumstances, material wastage of property caused intentionally or recklessly, and liabilities incurred by either party.
Fourthly, check the result is just and equitable. The court makes an order only if it is satisfied that, in all the circumstances, it is just and equitable to do so (section 79(2)).

What happens to pets?

Pets are treated as property, and since 10 June 2025 the Act has specific rules for a "companion animal". The court can order that one party owns the pet, that it is transferred to another person who consents, or that it is sold (section 79(6)). It cannot order shared ownership or shared care. The court considers who cared for and paid for the pet, any family violence, any cruelty or threatened cruelty to the animal, and each party's and each child's attachment to it (section 79(7)).

Is superannuation split?

Yes. Superannuation is property for family law purposes and can be split between the parties under Part VIIIB of the Family Law Act, by consent orders, a binding financial agreement or a court order. De facto couples in WA split superannuation under Part VIIIC of the Act.

What is the typical split in a property settlement?

There is no typical split and no presumption of a 50/50 division in Australian law. The Family Court of Western Australia states this directly, and the same principle applies in the FCFCOA. Each result follows from the four steps above, so the split depends on the size of the pool, the contributions of each party, the length of the relationship and each party's future needs.

In practice, a party with the primary care of young children or a much lower earning capacity often receives an adjustment in their favour at the third step. Pre-relationship assets, gifts and inheritances usually count as a contribution by one party, and their weight tends to reduce in a long relationship. A lawyer can estimate a likely range once the pool and contributions are known.

What is a wife entitled to in a divorce settlement?

Entitlement does not depend on gender. Either spouse's share comes from their contributions and their future needs under section 79. A homemaker or parent is entitled to a share of the property even without earning an income, because contributions to the welfare of the family count alongside financial contributions.

How do you formalise a property settlement?

You formalise a property settlement through consent orders, a binding financial agreement or a court order. An informal agreement is not binding and leaves the time limit running.

Path	Legally binding?	Court involved?	Court fee (as at September 2026)	Best suited to
Informal agreement	No	No	None	Not recommended on its own
Consent orders	Yes	Filed and approved on the papers	$215	Couples who have agreed terms
Binding financial agreement	Yes, if section 90G is met	No	None	Couples who want privacy, or agreements made before or during a relationship
Court application	Yes, once orders are made	Yes	$455 upwards, plus hearing fees	Couples who cannot agree

A binding financial agreement is binding only if each party received independent legal advice before signing and a signed statement from their lawyer confirming it (section 90G). The Binding Financial Agreement vs Consent Orders guide compares the two in detail.

What are the steps before going to court?

Before filing, the court's pre-action procedures require each party to take four steps, unless an exemption such as family violence or urgency applies:

Disclose. Exchange all relevant financial documents. Section 71B of the Family Law Act sets out a duty of full and frank disclosure that continues until the case ends.
Value. Obtain agreed or independent valuations of major assets.
Attempt dispute resolution. Try mediation or family dispute resolution, such as legal aid conferencing or a private mediator.
Write to the other party. If dispute resolution fails, send a letter setting out your position and proposals for settlement.

If these steps do not resolve the dispute, either party can file an Initiating Application in Division 2 of the FCFCOA, or in the Family Court of Western Australia.

How long does a property settlement take?

A property settlement takes weeks to a few months when the couple agrees, and usually a year or more when the court has to decide. Consent orders are dealt with on the papers once filed. In a defended case, the FCFCOA's case management practice direction anticipates that dispute resolution will take place within about 5 months of the start of proceedings, and cases that do not settle then move to a final hearing. Most disputes settle before trial.

What if you are the respondent?

A party served with an Initiating Application files a Response, which sets out the orders they seek, together with their own financial statement. The filing fee for a Response is $455 as at September 2026. The duty of disclosure applies equally to both sides, and both parties attend the court's dispute resolution events.

What if your ex is delaying or hiding assets?

A party who delays or fails to disclose has several consequences available against them. The court can order disclosure, issue subpoenas to banks and employers, draw inferences against the non-disclosing party, and make costs orders. Under section 106B, the court can set aside or restrain a transaction made to defeat a claim. Final orders obtained through non-disclosure can be set aside under section 79A.

How is property settlement different in Western Australia?

Married couples in WA follow the Family Law Act, but their cases go to the Family Court of Western Australia. De facto couples in WA are covered by the Family Court Act 1997 (WA), which the court describes as saying very similar things. A WA de facto applicant must show that at least one party lives in WA and that the couple lived in WA for at least a third of the relationship, or made substantial contributions while living there. The 2-year time limit and the 4-step approach are the same.

Compare family lawyers for your property settlement

Compare accredited family law specialists, fee models (fixed-fee consent orders or hourly rates) and public review records before you send an enquiry. A lawyer is most useful when the pool includes a business, a trust or superannuation, when there has been family violence, or when a binding financial agreement needs the independent advice that section 90G requires. Start with Family Lawyers in Australia, or compare Family Lawyers in Sydney, Family Lawyers in Melbourne, Family Lawyers in Brisbane and Family Lawyers in Perth. The How Much Does a Divorce Cost in Australia? guide lists the legal fee ranges for consent orders and contested cases.