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Legal information
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Relationship breakdown
- Family dispute resolution
- Commonwealth family law
- Family law and the courts
- Separation and divorce
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Dividing your property
- If you disagree about how to divide property
- If you agree how to divide property
- Fair division of property
- Protecting your property
- Financial maintenance for partners
- De facto and same-sex relationships
- Getting help
- Intervention orders
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If you disagree about how to divide property
In most cases, the law says that you should try to resolve disputes before you go to court. If you can’t agree about how your property is divided, there are family dispute resolution services that can help you. See ‘Family dispute resolution’ (link below).
If you still can't agree, you can apply to the court for a financial order if you are:
- separated or divorced from a spouse
- separated from a de facto partner after 1 March 2009.
If you were in a de facto relationship and separated before 1 March 2009 get legal advice. See 'De facto and same-sex relationships' (link below).
Financial orders
In a financial order, a court can order a person to:- pay money to another person by a certain time
- transfer or sell property
- split superannuation
- sign documents
- pay maintenance – see 'Financial maintenance for partners' (link below).
When a financial order is made, each person listed in the order must follow it.
If there is no agreement about who gets the family home, the court often orders that it be sold and the sale money divided on a percentage basis. This does not mean that the money will be divided equally. There is no automatic 50/50 split of property.
The court will make financial orders based on what is fair to both people. They will look at contributions made during the relationship and the future needs of both people. See ’Fair division of property’ (link below).
Get legal advice
Get legal advice before agreeing to a financial order. Every case is different. A lawyer can help you understand your legal rights and responsibilities, and explain how the law applies to your situation.
Time limits
You must apply for a financial or consent order:- within one year from the date your divorce 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 and same-sex relationships
Financial maintenance for partners