Division of property

Property includes assets (the things you own) and liabilities (the things you owe money on). These can be owned individually, jointly (with another person or persons), or by a family trust or family company.

When a relationship ends, the property of the people involved in the relationship is divided between them. This may be done by joint agreement, by using a dispute resolution service to help reach agreement, or by going to court.

Even if you are able to reach an agreement about division of property it is a good idea to get legal help before you start negotiating, and again before you sign an agreement.

Property disputes between domestic partners (heterosexual and same-sex) can be heard in a number of courts in all states and territories except Western Australia. However, only people who are married can go to the family law courts for a property settlement. The law is changing throughout Australia for unmarried partners. Get legal advice.

More information

De facto & same-sex relationships

Getting legal help

Wills & relationships

Related publications

How to run your family law case

You and family law: a short guide