Dividing property after separation

Last checked: 31 October 2026

The short answer

You can divide property by agreement or ask the court to decide. Since 10 June 2025, the law sets out the steps the court follows, and makes clear that the effect of family violence, including economic or financial abuse, can be taken into account. Married couples have 12 months after divorce and de facto couples have 2 years after separation to apply. Super can be split too.

Key dates and time limits

• Married: apply within 12 months after your divorce becomes final.
• De facto: apply within 2 years after the relationship ended.
• After these dates you need the court's permission, which is not always given.
• Super splitting by consent: give written notice to the super fund trustee at least 28 days before filing.

Step by step

1. 1

   Work out what there is

   The court first identifies each person's property and debts. Property includes houses, cars, bank accounts, businesses and pets. Super is dealt with as property too. You each have a duty to give full and frank financial disclosure.

2. 2

   Look at contributions

   The court considers financial contributions, other contributions, and caring for the home and children. It also considers the effect of any family violence on a person's ability to make those contributions.

3. 3

   Look at current and future needs

   The court considers things like age, health, earning capacity, care of children under 18 and housing needs. It also considers the effect of family violence on the other person's current and future circumstances, and any wastage of property done on purpose or recklessly.

4. 4

   Check the result is just and equitable

   The court will only make an order if it is satisfied it is just and equitable. For pets, the court can decide who owns the animal and looks at things like who cared for it and any family violence.

5. 5

   Make it binding

   If you agree, you can file an Application for Consent Orders, which the court checks is just and equitable. Or you can make a binding financial agreement, which is not a court process. Each person must get independent legal advice from a lawyer before signing it.

6. 6

   Split super if needed

   A superannuation splitting order moves part of one person's super to the other. It stays as super, usually until retirement age. You need a valuation and must tell the fund trustee.

7. 7

   If you cannot agree, apply to court

   You must first make a genuine effort to resolve it and follow the pre-action procedures, unless it is not safe. Then you file an Initiating Application with a Financial Statement. Smaller cases may qualify as Priority Property Pool cases, where net property excluding super is under $550,000 (as at October 2026).

Who can help

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