Property is divided by agreement between the parties or, if necessary, by the Court. The process generally involves identifying and valuing the asset pool, assessing each party’s contributions (financial and non-financial), and considering future needs. The aim is to reach a fair and equitable outcome based on your individual circumstances.

All assets and liabilities are considered, regardless of whose name they are in. This can include real estate, bank accounts, superannuation, businesses, investments, vehicles, and debts. In some cases, assets held by third parties or trusts may also be relevant.

No. Many property matters are resolved by agreement through negotiation or mediation. If an agreement is reached, it can be formalised by Consent Orders or a Binding Financial Agreement. Court proceedings are generally a last resort where an agreement cannot be reached.

Strict time limits apply. For married couples, you generally have 12 months from the date of divorce to commence proceedings. For de facto couples, the time limit is usually 2 years from the date of separation. It is important to seek advice early to avoid missing these deadlines.

The Court considers a range of factors, including financial contributions (such as income and assets), non-financial contributions (such as homemaking and parenting), and each party’s future needs. This may include age, health, earning capacity, and care of children. The overall goal is to achieve a fair outcome.

Yes. In many cases, parties are able to reach an agreement through negotiation or mediation. Resolving matters outside of Court is often faster, more cost-effective, and allows greater flexibility in outcomes. Once agreed, the arrangement can be formalised to ensure it is legally binding and enforceable.

The family home is treated as part of the overall asset pool. It may be sold, transferred to one party, or retained for a period of time depending on the circumstances. The outcome will depend on factors such as contributions, financial capacity, and whether children are involved.

Yes. Property settlement is separate from divorce and can be negotiated and finalised at any time after separation. You do not need to wait for a divorce to deal with financial matters.

Superannuation is treated as property and can be divided between parties. This is usually done through a superannuation split, which reallocates a portion of one party’s super to the other.

Both parties have an obligation to provide full and frank financial disclosure. If there are concerns about missing or undisclosed assets, steps can be taken to obtain further information and ensure a fair outcome.

Yes. Contributions made before, during, and after the relationship are all relevant. This can include initial assets, income, inheritances, and non-financial contributions such as homemaking and parenting.

The timeframe depends on the complexity of the matter and whether an agreement can be reached. Some matters resolve within a few months, while others may take longer if negotiations are ongoing or Court proceedings are required.