If your relationship or marriage ends, you and your ex-partner will need to decide how to divide what you own and owe. This is called a property settlement.
Dividing your property can be stressful. Even if you and your ex-partner agree on a property settlement, it is a good idea to get legal advice.
To find legal help or other support, go to Other support for relationships.
This information is for:
- people who were married and are now separated or divorced
- people who have had their marriage annulled
- de facto couples who have separated.
It applies to all people going through a separation, regardless of gender or sexuality.
What you can divide
You can divide:
- assets (things you own)
- debts (things you owe money on).
These can be things in your name, in both your names, or things that are owned through a family trust or business.
This includes:
- real estate, including the family home
- money and investments
- insurance policies
- inheritances
- shares
- superannuation
- personal items (such as cars, furniture or jewellery)
- debts (such as mortgages, loans, credit cards and personal debts).
You might still have rights to property, even if you did not buy it, or your name is not written on the ownership papers.
Tip: You can use the free online tool amica to help work out how to divide your property. It suggests what might be fair based on your situation.
The family home
You do not lose your share of a home if you leave it.
If one person keeps the home, the other person can still receive a fair share of the property. This may involve:
- buying out the other person’s share
- refinancing the mortgage into one name.
You may have a right to a share of the home even if it is in a third person’s name.
Superannuation
Superannuation can be a large asset in a property settlement.
In the settlement, superannuation can be split so that part of the entitlements go to the ex-partner when the policy is paid out.
This is a complicated area of law. We recommend that you get legal advice, if you can.
For more information, go to Family law and superannuation on the Federal Circuit and Family Court website.
Pets
The court treats pets differently from other types of property.
If the court is deciding how to divide your property, it can make an order that:
- you or your ex-partner have sole ownership of the pet
- the pet be rehomed to another person (with their consent)
- the pet be sold.
The court cannot make orders for shared ownership or shared care of a pet.
For more information, go to Family pets on the Federal Circuit and Family Court website.
How to divide your property
If you agree
If you and your ex-partner agree on how to divide your property, you can:
- apply to the Federal Circuit and Family Court of Australia for a consent order
- make a binding financial agreement
- make an informal agreement.
Go to If you agree on dividing property for more information.
If you cannot agree
If you cannot agree, you can:
- try family dispute resolution (a meeting with a trained mediator)
- contact a lawyer for advice or help with negotiations
- apply to the Federal Circuit and Family Court of Australia to divide your property.
To learn more about your options, go to If you disagree on dividing property.
Explore our publications
Explore our related pages
- If you agree on dividing property
- If you disagree on dividing property
- Protecting your right to property
- Divorce, separation and marriage annulment
Support from other organisations
- Family Relationships Online provides information and help with relationship and separation issues, including money and property. Visit their website or call their advice line on 1800 050 321.
- The Australian Government’s Moneysmart website has a checklist to help you work through your finances after separation. Go to, Divorce and separation financial checklist.
- Services Australia’s Guide for newly separated parents has a helpful list of tasks you may want to do when going through a separation.
- National Debt Helpline provides free advice and referrals to financial counsellors.
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