Family Law Factsheet No. 1: Property Settlement
This factsheet looks at how property is divided when a person separates from their partner or spouse.
You can seek a property settlement if you are separated from your spouse or de facto partner. If you were in a de facto relationship you can seek a property settlement if you have been living together for two years or more.
If your de facto relationship was less than two years, and you have a child of the relationship, or you have made a significant financial contribution to an asset, you can also seek a property settlement.
This factsheet answers questions including:
- What do the family courts consider when dividing property?
- How do I formalise an agreement with my partner or spouse?
- Is there a time limit for seeking a property settlement?
- Can I ask the court to order my spouse or partner to pay a debt?
Published on 1 June 2021.