In short
There's no automatic 50/50 split. The court can only make orders that are just and equitable, looking at what you have and owe, what each of you contributed and your future circumstances. Super counts as property. Deadlines are strict: 12 months after your divorce becomes final, or 2 years after a de facto separation.
How is property divided after separation?
There's no automatic 50/50 split - the court can only make property orders that are just and equitable, meaning fair in all the circumstances. To work that out, it considers:
- What you have and what you owe - every asset and debt, in either person's name.
- What each of you contributed - financial contributions like income and savings, and non-financial ones like caring for children and running the home.
- Your current and future circumstances - things like age, health, earning capacity, and who is caring for the children.
- Whether the overall result is fair.
The result is usually expressed as a percentage split of the total pool.
The law changed on 10 June 2025. The court must now consider the economic effect of family violence, including financial abuse, on what each person contributed and their future needs. It also considers wastage of assets, debts, and the housing needs of children under 18. Pets are now dealt with separately as "companion animals" - the court can't order shared care of a pet.
What counts as property?
Pretty much everything either of you owns or owes, whether it's in joint names or just one person's name:
- The family home and any other real estate
- Superannuation
- Savings, shares and investments
- Businesses, and assets held through a company or family trust
- Cars, furniture and personal items
- Inheritances and assets either of you had before the relationship
- Debts - mortgages, loans and credit cards
Inheritances and pre-relationship assets aren't automatically protected. They go into the pool, and where they came from is weighed up as part of each person's contributions.
What is full and frank disclosure?
You and your ex each have a legal duty to disclose all your financial circumstances, fully and on time - bank statements, tax returns, payslips, super statements, business and trust records. The duty applies before you go to court as well as during. Hiding assets can lead to the court adjusting the split against you, costs orders or worse.
How do you make a property settlement legally binding?
There are two ways: consent orders or a binding financial agreement.
Consent orders
The most common option when you agree. You file an Application for Consent Orders, a court registrar checks the split is fair, and the orders are legally binding. No court appearance. More on consent orders.
Binding financial agreement
A private contract about how property is divided. It isn't approved by the court, and each of you must get independent legal advice before signing.
A handshake or informal written agreement isn't legally binding. Either of you could still make a claim later, and transfers under an informal agreement don't get the tax and stamp duty benefits below.
Can super be split in a property settlement?
Yes. Super is treated as property and can be split by consent orders, a binding financial agreement or a court order. Each fund first provides a valuation. Before consent orders are filed, the fund must be given at least 28 days' written notice of the proposed split, so it has the chance to object.
Is there tax or stamp duty on a property settlement?
When assets are transferred under family law orders or a binding financial agreement, capital gains tax is generally rolled over - the person receiving the asset pays it only when they later sell. Most states also exempt these transfers from stamp duty. Rules vary by state, so your lawyer will confirm what applies to you.
What happens if you can't agree on property?
Before going to court, you must follow the court's pre-action steps: try dispute resolution such as mediation, exchange financial disclosure, and send the other person a written offer with at least 14 days to respond (unless an exception applies, like family violence or urgency). If it still doesn't settle, an Initiating Application is filed along with a sworn Financial Statement from each of you.
How does ezysplit handle property settlement?
Rachel helps you pull together the full financial picture, a family lawyer advises on what's a fair split, and your agreement is made legally binding.
- Tell Rachel your situationRachel works out what's in the pool and what documents each of you needs to provide.
- Get your fixed feeYour fee is based on the value of your combined asset pool, and confirmed before any work begins.
- Disclosure, organisedRachel guides you through gathering and listing every asset, debt and super account, and requests the super valuations.
- Legal advice on a fair splitA family lawyer advises what a just and equitable outcome looks like for you, and helps you negotiate.
- Make it bindingYour agreement is drafted as consent orders (or a binding financial agreement), reviewed by your lawyer and filed.
Deadlines are strict. If you were married, you have 12 months from when your divorce becomes final. If you were in a de facto relationship, you have 2 years from separating. After that you need the court's permission or your ex's consent.
Frequently asked questions
Is property split 50/50?
No. There's no automatic split. The court looks at what you each have and owe, what you each contributed (financial and non-financial, like caring for children), and your current and future circumstances, then makes sure the result is fair.
Is super included?
Yes. Super is treated as property and can be split by consent orders, a binding financial agreement or a court order. The super fund must be given notice before the orders are made.
What if the house or assets are only in my ex's name?
They still count. Assets in either person's name, joint names, or held through a business or trust can all be part of the property pool.
Are inheritances and assets I had before the relationship protected?
Not automatically. They're included in the pool, but where they came from is considered when weighing up each person's contributions.
How long do I have?
12 months from when your divorce becomes final if you were married, or 2 years from separation if you were de facto. After that you need your ex's consent or the court's permission.
Is a written agreement between us enough?
No. Informal agreements aren't legally binding, and either of you could make a claim later. To make it final, use consent orders or a binding financial agreement.
Do we have to go to court?
No. If you agree, you can file an Application for Consent Orders ($215 from 1 July 2026) and the court can make orders without either of you attending.
Does family violence affect the split?
It can. Since 10 June 2025, the court must consider the economic effect of family violence, including financial abuse, on contributions and future circumstances.
Sources checked 19 October 2026: FCFCOA - 2024 property law changes · Attorney-General's Dept - Property changes fact sheet · FCFCOA - Pre-action procedures (financial) · FCFCOA - Financial Statement · FCFCOA - Superannuation · Legal Aid Victoria - Dividing property · ATO - Relationship breakdown rollover · FCFCOA - Fees