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Fair division of property

The court can make:

  • consent orders – see ‘If you agree how to divide property’ (link below)
  • financial orders – see ‘If you disagree about how to divide property’ (link below).

When making these orders, the court will consider what is a fair division of property. The court does not consider who is ‘at fault’ in a relationship breakdown.

The four-step process

The court applies a four-step process to work out what is fair:

  1. Identify and value the property to work out how much there is. Property can include things you got before your relationship started or after it ended. See ‘Dividing your property’ (link below) for more information about what is property.
  2. Consider the contributions made by both sides, including earnings, savings, gifts, inheritances, home improvements or contributions as a homemaker and care provider for children.
  3. Consider other factors set out by law, including:
    - how much each person could earn in future
    - the age and health of each person
    - the care and financial support of children 
    - responsibility for supporting other people
    - length of relationship.
  4. Check that the property division is ‘just and equitable’ (fair to both people).

Time limits

There are time limits for going to court.

You must apply for a court order:

  • within one year from the date your divorce order is final
  • within two years from the date your de facto relationship ended.

You can only apply to the court for a property settlement after this time in special circumstances. Get legal advice.

More information

De facto & same-sex relationships

Dividing your property

If you agree how to divide property

If you disagree about how to divide property

Related publications

How to run your family law case

You and family law: a short guide

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some family law matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.