Where you may be now
Will I keep the house? Is it 50/50? What about my super?
These are the questions almost everyone asks first. The honest answer is that it depends: on how long you were together, what each of you brought in and contributed along the way, whether you care for the children, and what each of you will need in the future.
What we can promise is a clear answer for your situation, early. We will explain what is likely to be fair, what the other side may argue, and how to get there without losing time and money.
It also matters to get it right the first time. Once property orders are made, they are very hard to change. There is no second go because an asset turned out to be worth more than you thought.
How the law works
The framework the court now applies
Property settlement for married couples is governed by section 79 of the Family Law Act 1975 (Cth), and for de facto couples by the equivalent provisions in Part VIIIAB. From 10 June 2025, the Act sets out the process in express terms. In short, the court:
- Identifies the property and liabilities of both parties: existing legal and equitable rights, in whatever name they are held.
- Considers contributions
Financial contributions (income, capital brought in, gifts and inheritances), non-financial contributions (improvements, work in a business) and contributions to the welfare of the family, including as homemaker and parent. The effect of family violence on a party's ability to contribute is now an express consideration. - Considers current and future circumstances
Age, health, income and earning capacity, care of children, the need to provide housing for children, and the economic effect of any family violence. Material wastage of assets and the circumstances in which debts were incurred are also relevant. - Makes an order only if it is just and equitable to do so, in all the circumstances.
The Act also now contains the duty of full and frank financial disclosure, which begins before proceedings and continues until the matter is finalised. And companion animals are treated as a distinct category, with specific factors for deciding who keeps a family pet.
| Consent orders | Binding financial agreement | |
|---|---|---|
| Made by | The court, on agreed terms | The parties, by private contract |
| Court scrutiny | Registrar must find the terms just and equitable | No review of fairness at signing |
| Legal advice | Recommended | Independent advice mandatory for each party |
| Privacy | Filed with the court | Private document |
| Challenge later | Limited grounds | Limited grounds, but a technical defect can be fatal |
| Best for | Most settlements | Where privacy or flexibility is critical |
What we look out for
Where settlements go wrong, and how we prevent it
Missing assets
Everything either of you owns counts, in anyone's name, including super, shares, cars, money in a family business or trust, and property overseas. We check nothing has been left out.
Wrong values
A house, a business or an investment is only worth what a proper valuation says. We get independent valuations and test the other side's numbers.
Forgetting your contributions
Money you had before the relationship, an inheritance, gifts from your parents, years spent raising the children: all of these count, and all need to be explained clearly.
Tax surprises
Two settlements that look the same on paper can leave you very differently off after tax. We make sure you understand what you are really receiving.
Money disappearing
If there is a risk the other side will sell, spend or move money before the settlement, the court can step in quickly to stop it.
If your separation involves a family business, a trust or several properties, see business and complex property.
How we help
A clear plan, then a fair deal
We do not open with a demand. We open with an accurate picture of the asset pool, built from the documents, and a realistic range for the outcome. That range drives everything that follows.
Most of our property matters resolve by agreement (through correspondence, a round-table conference or mediation) and are formalised in consent orders. Where the other side will not engage, or disclosure is incomplete, we issue proceedings promptly and use the court's powers to compel it. Throughout, you receive a costs estimate for each stage and a clear explanation of the risk and reward of each decision.
For related matters, see our pages on high net worth divorce, spousal maintenance and family mediation and arbitration.
Last reviewed 27 September 2026 · General information only, not legal advice