What am I entitled to after separation in Australia?
Understand what you may be entitled to after separation in Australia, including property settlement, spousal maintenance, children and key time limits.
Read article →Property Settlement
Most people come to a property settlement not knowing what they're entitled to - only knowing they don't want to be taken advantage of.
- Time limit (married)
12 months from divorce
- Time limit (de facto)
2 years from separation
- Applies to
Real estate, super, business, debts
- Requires
Full financial disclosure
What property settlement means.
Property settlement is the legal process of dividing assets, liabilities and financial resources after separation. It applies to married and de facto couples and is separate from divorce.
A property settlement may involve the family home, investment properties, bank accounts, superannuation, businesses, trusts, loans, inheritances and other financial interests.
Time limits apply.
Married parties usually need to apply for property or financial orders within 12 months after a divorce order takes effect. De facto parties usually have 2 years from separation. Advice should be obtained early so deadlines are not missed.
Our approach
Property settlements are rarely straightforward.
Separation puts everything you've built at stake - the home, the savings, the superannuation, the business. You shouldn't have to guess what you're entitled to, accept the first offer because you're unsure if it's fair, or face it alone. Our role is to make sure any outcome you agree to is one you've chosen with full knowledge - not out of exhaustion or uncertainty.
Clear financial pathway.
We explain what information is needed, what the process involves and what decisions may need to be made.
Disclosure guidance.
We help you understand what documents are required and why disclosure matters in your matter specifically.
Practical settlement advice.
We assess proposals in context so you can make informed decisions - not pressured ones.
Implementation support.
Where property needs to be sold, transferred or refinanced, we help you understand the practical steps.
How it works
The Property Settlement process.
Most property matters involve identifying the property pool, exchanging disclosure, considering contributions and future needs, negotiating an outcome and formalising the agreement.
01
Identify the property pool
Create a picture of assets, liabilities, superannuation, businesses, trusts, debts and financial resources.
02
Disclosure & valuations
Gather documents and arrange expert valuations to understand the financial position of both parties in order to make informed decisions.
03
Assess contributions
Consider financial and non-financial contributions made before, during and after the relationship.
04
Consider future needs
Assess the current and future circumstances surrounding income, care of children, health, age, earning capacity and financial obligations.
05
Negotiate & formalise
Work toward settlement through negotiation, mediation, consent orders or a financial agreement.
In more detail
What you should know.
Three issues shape almost every property settlement - how a fair outcome is assessed, how superannuation is treated, and why full disclosure matters.
How a fair outcome is assessed.
There is no automatic 50/50 rule. Entitlements are generally assessed in stages - identifying the property pool, weighing each party's contributions, considering future circumstances and testing whether the result is just and equitable.
Contributions count broadly
Financial contributions sit alongside non-financial, homemaker and parenting contributions. In many cases the homemaker and parenting contributions are very significant - particularly where one party reduced paid work to care for children or support the family.
Future needs matter too
The assessment usually also looks at age, health, income, earning capacity and the ongoing care of children, and may adjust the outcome where one party faces greater financial difficulty rebuilding after separation.
What is generally weighed
- Property, liabilities & financial resources
- Financial contributions
- Non-financial & homemaker contributions
- Parenting & care of children
- Income & earning capacity
- Age, health & future needs
Key point
The assessment is discretionary and evidence-based - careful disclosure, valuations and preparation usually shape the range of realistic outcomes.
Superannuation is part of the pool.
Superannuation is usually considered in the overall settlement even though it generally cannot be accessed as cash. In long relationships it can be one of the largest assets either party holds.
How a split works
A superannuation split does not usually mean money is paid out as cash. Instead, part of one party's superannuation interest may be transferred into the other party's fund in accordance with the superannuation splitting rules.
Valuation comes first
Before a split is made, the superannuation interest usually needs to be valued - and information about the interest can be requested from the fund's trustee for that purpose.
What shapes the approach
- Each party's age & retirement position
- Time out of the workforce
- Income & financial resources
- Health & care of children
- Available cash assets
- The overall settlement structure
Key point
Overlooking superannuation can leave a settlement unfair or incomplete - particularly in long relationships or where retirement savings differ significantly.
Disclosure is not optional.
Each party has a duty to make full and continuing disclosure of their financial circumstances - to the other party and to the Court. A settlement built on incomplete information carries real risk.
If documents are withheld
Where disclosure is refused or incomplete, a more formal approach may be justified - including written disclosure requests, subpoenas, valuation processes and Court orders for disclosure.
If assets are at risk
Where there is a risk that assets may be sold, moved or concealed, protective steps such as freezing orders may be available. Acting early generally makes it easier to trace funds and protect the asset pool.
Documents commonly disclosed
- Tax returns & payslips
- Bank & credit card statements
- Loan & mortgage documents
- Superannuation statements
- Business, company & trust records
- Valuations & evidence of liabilities
Key point
Non-disclosure can have serious consequences - it may justify a more formal approach and can undermine any settlement reached on incomplete information.
Frequently asked questions
Advice from our family law team.
What counts as property in a family law property settlement?
The property pool generally includes anything of financial value owned by either party - such as the family home, bank accounts, vehicles, business interests, inheritances, superannuation and debts - regardless of whose name it is in or when it was acquired. Financial resources, such as certain trust interests, may also be relevant. Do not assume an asset is excluded simply because it is held in one name or was acquired after separation.
Can we settle property matters without going to Court?
Yes - many property matters are resolved through negotiation, mediation, consent orders or a binding financial agreement without contested Court proceedings. However, an informal agreement alone is usually not enough; a settlement should be properly formalised so that it is legally effective and reduces the risk of future claims.
Can family violence affect property settlement?
It may. Where violent or controlling conduct - including financial or economic abuse - has had a significant adverse impact on a party's contributions, or made those contributions significantly more arduous, that may be taken into account in the assessment. These issues generally need to be supported by evidence, so early advice is important.
What time limits apply to property settlement?
Married parties generally need to apply for property orders within 12 months after a divorce order takes effect, and de facto parties within 2 years of the end of the relationship. Outside those periods, starting proceedings usually requires the Court's permission - which is not automatic and generally requires hardship to be shown.
Can a final property settlement be reopened or set aside?
Only in limited circumstances. A Court may set aside or vary final property orders where, for example, there has been a miscarriage of justice - such as fraud, duress or a failure to disclose relevant information - or where later circumstances make the orders impracticable to carry out. Obtain advice promptly if you believe this may apply.
Is capital gains tax taken into account in a property settlement?
It may be, depending on the circumstances - for example, where the sale of an investment asset is ordered or is likely in the foreseeable future. Transfers made under property orders or financial agreements may attract roll-over relief, which generally defers the tax until the asset is later sold. Specialist accounting advice is often needed where businesses, companies or trusts are involved.
What if my former partner has spent or wasted money since separation?
Separated parties are generally entitled to meet reasonable living expenses from available funds. However, where assets have been prematurely distributed, wasted, or recklessly or deliberately reduced in value - for example, through significant gambling losses - the amount may in some cases be notionally added back to the property pool.
What happens if one of us dies before the property settlement is finalised?
If Court proceedings have already been filed, they may generally be continued by or against the deceased party's estate, and any order made may be enforced by or against the estate. This is one reason not to leave property settlement unresolved indefinitely - and to review your estate planning after separation.
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