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Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

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If you disagree on dividing property

Learn about your options if you and your ex-partner disagree about dividing your property.

On this page

If you and your ex-partner disagree on how to divide your property, you can:

  • contact a lawyer
  • attend family dispute resolution
  • try arbitration
  • apply to the court to decide.

This information applies if you were married or in a de facto relationship, no matter your gender or sexuality.

These issues can be stressful and overwhelming. If you need support or legal advice, go to Other support for relationships.

If you disagree on how to divide property

If your relationship or marriage ends, you and your ex-partner will need to decide how to divide your property. This is called a property settlement.

If you and your ex-partner cannot agree, you can:

  • contact a lawyer for advice or help with negotiations
  • try family dispute resolution (or mediation)
  • ask an independent person called an arbitrator to decide for you, if you both agree
  • apply to the Federal Circuit and Family Court of Australia to make a decision.

Tip: Before hiring a private lawyer, see the Victorian Legal Services Board + Commissioner’s video and fact sheet about legal costs. Go to, Six questions to ask about legal costs.

Family dispute resolution

Family dispute resolution is a type of mediation designed for separated couples and families.

You can try family dispute resolution at any stage of your separation.

Family dispute resolution can help you and your ex-partner:

  • understand your options
  • work out how to reach an agreement.

To learn more, go to Using family dispute resolution.

Going to court

If you were married, you can apply to the Federal Circuit and Family Court of Australia to make a decision about dividing your property.

You can apply any time after separation. If you get a divorce, you must apply within 12 months after the divorce becomes final.

If you were in a de facto relationship, the court can make decisions in the same way as married couples. To learn more about property settlements for de facto relationships, go to De facto relationships.

You must apply to the court within two years of separation. You can sometimes apply to the court more than two years after separation. Speak to a lawyer first, if you can.

To learn more, go to Going to court to divide property.

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