A property settlement decides how assets, property, money, and debts are divided after separation. Whether you were married or in a de facto relationship, Australian family law requires a fair division based on contributions, future needs, and what is just and equitable.
This complete 2025 national guide explains how property settlement works, your legal rights, how long you have to finalise it, and how Adams United Lawyers can assist Australia-wide with fixed fees and fast turnaround.
What Is a Property Settlement in Australia?
A property settlement is the formal division of all assets, liabilities, and financial resources between separating partners.
It can be finalised through:
- Consent Orders
- Binding Financial Agreement (BFA)
- Negotiation between lawyers
- Mediation
- Court (only if necessary)
A property settlement is not automatically 50/50.
The Family Law Act uses a fairness test, not a fixed formula.
What Counts as Property? (Everything!)
Property includes all assets and liabilities, regardless of whose name they’re in:
Assets
- Houses, investment properties, rentals
- Cars, boats, caravans
- Savings
- Superannuation
- Shares, investments, crypto
- Businesses and trusts
- Inheritances
- Payouts / compensation
Liabilities
- Mortgages
- Personal loans
- Afterpay/credit card debt
- Tax debts
- Business debts
Financial Resources
- Future inheritances
- Trust entitlements
- Long-service leave
- Redundancy payouts
The pool is created as of the settlement date, not the separation date.
How Property Is Divided in Australia (The 4-Step Court Process)
Every Australian property matter follows the same four-step court process, even if it never goes to court.
Step 1 — Identify and value all assets and debts
You must list everything in the pool and provide disclosure.
Step 2 — Assess contributions
Includes:
- Financial (income, savings, assets)
- Non-financial (renovations, homemaking)
- Parenting contributions
- Gifts from family (“initial contributions”)
Step 3 — Future needs
Courts consider:
- Age
- Health
- Primary care of children
- Earning capacity
- Financial disparity
- Ability to recover financially
Step 4 — Just and equitable outcome
The final percentage must be fair based on the whole relationship.
Most outcomes fall between 45%–65%, not 50/50.
How Long Do You Have to Finalise Property Settlement?
Time limits:
Married couples
You have 12 months from the date of divorce.
De facto couples
You have 24 months from the date of separation.
If you miss the deadlines, you need special permission from the court — this is time-consuming and not guaranteed.
Do You Need a Lawyer for Property Settlement?
Technically no — but practically, yes.
If you don’t use a lawyer, your agreement is NOT:
❌ Legally binding
❌ Enforceable
❌ Protected
❌ Suitable for banks refinancing
❌ Recognised by the courts
You MUST finalise it by either:
✔ Consent Orders
or
✔ Binding Financial Agreement
Otherwise, either party can reopen the pool at ANY time — even years later.
Consent Orders vs BFA — Which Should You Use?
Include internal links here:
| Method | Best For | Pros | Cons |
|---|---|---|---|
| Consent Orders | Separated couples | Court-approved, safest, accepted by banks | Only after separation |
| Binding Financial Agreement | Before, during, or after relationship | Flexible, protects future assets | Must meet strict legal requirements |
Most separated couples choose Consent Orders because they are court-sealed and virtually bulletproof.
What Happens If One Person Refuses to Settle?
You can still proceed.
Options include:
- Lawyer negotiation
- Mediation
- Subpoenas for disclosure
- Court application
Courts can order a division even if one person refuses to cooperate.
What If One Partner Won’t Provide Financial Disclosure?
Australian family law requires full disclosure.
If someone hides assets, the court can:
✔ Add those assets back into the pool
✔ Penalise that person’s percentage
✔ Award costs against them
✔ Reopen a settlement later
Full disclosure protects BOTH parties.
Property Settlement for De Facto Couples (Same Rules Apply)
De facto couples have the same property rights as married couples.
A property settlement is handled exactly the same way under the Family Law Act.
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How Much Does Property Settlement Cost?
Most Australian lawyers charge:
- $4,000–$15,000 (negotiation)
- $10,000–$60,000+ (court)
Adams United Lawyers keeps it simple:
Fixed-Fee Packages (Nationwide)
Consent Orders: from $3,300
Binding Financial Agreement: $2,200
BFA Review (for other party): $990
Transparent, clear, and no hidden extras.
Does Property Settlement Include Superannuation?
Yes.
Superannuation is always part of the property pool and can be split.
You can:
- transfer a percentage
- transfer a specific amount
- offset it against other assets
This is essential for older couples or high-income earners.
What About Property Settlement When There Are Children?
Children heavily influence outcomes.
Courts consider:
- primary care arrangements
- cost of raising children
- income differences
- special needs
- future financial hardship
Parents with majority care usually receive a higher percentage.
Property Settlement Without Going to Court (Most People Avoid Court)
Most property matters settle by:
- private negotiation
- lawyer-assisted negotiation
- mediation
- consent orders
Court is the last resort, not the first.
What Happens to the House?
Options include:
- One person keeps it and refinances
- One person buys the other out
- Sell and split proceeds
- Sell later (delayed sale)
- Nesting arrangements (rare)
Banks require BFA or Consent Orders to refinance.
Property Settlement When One Person Owned the House First
Initial contributions DO matter — but not always as heavily as people expect.
Factors include:
- length of relationship
- renovations
- mortgage payments
- children
- homemaking
- financial disparity
Initial contributions rarely stay 100% yours in long relationships.
Why Choose Adams United Lawyers?
✔ Fixed fee certainty
✔ 27+ years of specialist experience (Darren Adams)
✔ Fast outcomes
✔ Australia-wide service
✔ Highly strategic negotiation
✔ Court-level drafting without court prices
✔ Compassionate and practical advice
✔ Focus on fairness and financial security
We specialise in property settlement, BFAs, and consent orders — nationally.
Start Your Property Settlement Today
You don’t need to struggle through the process alone.
Your settlement can be completed quickly, peacefully, and affordably.
📞 1800 407 792
📧 kadams@adamsunited.com.au
🌐 adamsunited.com.au
External References
https://www.legislation.gov.au/Series/C2004A00299
https://www.fcfcoa.gov.au
https://www.ag.gov.au/families-and-marriage
https://www.servicesaustralia.gov.au/separated-parents
https://www.ato.gov.au/rates/super-splitting
https://moneysmart.gov.au/life-events-and-you/divorce-and-separation
