Family Law Property Settlement
Protecting what you have built, so you can move forward with confidence
At ALA Law we can assist you with all aspects of family law property settlement and property division. We specialise in providing advice regarding division of assets and preparing financial agreements.
Fixed-fee Consent Orders available – know your costs upfront
Reviewed by Bernadette Melhem, Partner – Accredited Specialist Family Law. Last updated November 2026.
Since 10 June 2025, the steps the Court must follow when determining a property settlement are set out in s.79 of the Family Law Act:
- Identifying each party’s existing legal and equitable rights and interests in property, and their liabilities;
- Assessing each party’s financial and non-financial contributions, including as homemaker and parent, and the effect of any family violence on those contributions;
- Considering each party’s current and future circumstances, such as age, health, earning capacity, care of children, children’s housing needs and the economic effects of family violence;
- Making orders only if the result is just and equitable.
Division of assets can be complicated and your solicitor will ask you questions such as:
- What assets did each of you have at the commencement of the relationship?
- Was there any lump sum monies received during the relationship?
- Have there been post separation financial contributions by either party?
- Do either of you have care of children under the age of 18 years?
- Do either of you have a disability?
- Does either party have a higher earning capacity than the other?
- Has there been family violence that affected either party’s contributions or circumstances?
- Is there a family pet? Since June 2025 the Court can order that one party keeps a companion animal, or that it is transferred or sold, but it can’t order shared ownership or care.
These questions will assist your lawyer to provide you advice about an appropriate percentage for divisions of your assets.
What is the process of reaching an agreement for property division?
The process of reaching a property settlement by Consent follows a standard path which includes:
1Exchange of Financial Disclosure
This is a mandatory step in all financial matters and requires the parties to exchange details and disclosure about all of the assets and liabilities (debts) in their name or which they hold an interest. Full and frank disclosure is now a duty under the Family Law Act itself (s71B, and the equivalent for de facto couples).
2Prepare a Balance sheet
Once the parties have exchanged full financial disclosure your Lawyer will prepare a Balance sheet. This will set out the asset “pool” that is available for division.
3Provision of advice and settlement percentages and options
Once the pool is determined your lawyer will then provide you with advice as to the likely outcome of your matter and range of outcomes, as well as identify key areas in your case. For example, if further information is required, if expert evidence may be required (e.g., valuation of an asset).
4Enter into negotiations
At this point, we will usually then enter into negotiations to settle the matter based on the balance sheet and the advice provided to you.
5Formalise the Agreement
Formalise the Agreement by way of Application for Consent Orders.
Frequently Asked Questions
We already have an agreement we just want to draw up on a piece of paper, can you help?
This is a common request from clients. Unfortunately, it is not as simple as writing the agreement you have reached on a piece of paper and both signing it.
This is not legally binding, will not be accepted in future by a Court, will not protect you from future claim as your assets grow, will not bind a deceased Estate (i.e. if one of you passes away the other can apply against the estate and the superannuation for provision) and will not be accepted by LRS for property transfers. It also leaves both parties open to future applications against each other.
The parties are still required to exchange disclosure and then formalise the agreement by way of Application for Consent Orders and Terms of Settlement.
Subject to your specific circumstances, at ALA Law we offer fixed fee Consent Orders – which means you will have peace of mind as to the cost associated with this process.
I have no assets to divide, do I still need to do a property settlement?
The answer is yes – you do!
Everyone has assets, just not the way we think.
A common example is your superannuation is an asset of a relationship that can be divided and as it is a mandatory contribution by your employer, all parties to a relationship have at least some superannuation. So even though you don’t have any substantial non-superannuation assets, a settlement is still required to ensure your superannuation is safe into the future from claim.
Even if there are no assets to divide at the point of separation, undertaking a formal settlement stating that you each keep what you have will ensure you are not left open in the future for a claim to be made against you for the work you put into growing your personal assets.
Undertaking a settlement now – will protect you from future claim and you can move on with your life knowing that the hard work you put in, will be yours alone.
How long do I have to do a property settlement?
If you are married, you have 12 months from the date your divorce order takes effect.
If you are in a de-facto relationship you have 2 years from the date of separation.
Proceedings can be commenced out of time with leave of the Court, so time itself does not completely bar an application if the requirements for leave can be met.
At ALA Law we always recommend our clients effect their property settlement prior to, or simultaneously with their Divorce to ensure there is no issue associated with the statutory limitation periods. Read more about separation and divorce.
How long does a property settlement take?
Every matter is different. If you and your former partner can reach an agreement, a property settlement can often be finalised by Consent Orders within a few months. The timing depends on how quickly financial disclosure is exchanged and how complex your assets are.
If an agreement can’t be reached and Court proceedings are needed, the process usually takes considerably longer. We will give you a realistic timeframe at your first appointment and keep you updated at every step.
How much does a property settlement cost?
The cost depends on the complexity of your property pool and whether you and your former partner can agree.
Subject to your specific circumstances, ALA Law offers fixed-fee Consent Orders, so you know the cost upfront. If your matter is more complex, we will explain our fees and give you a costs estimate at the outset.
Is superannuation included in a property settlement?
Yes. Superannuation is treated as property under the Family Law Act and can be split between former partners as part of a property settlement, either by Consent Orders or a Binding Financial Agreement.
A superannuation split does not usually mean you can access the money straight away. It stays in superannuation until a condition of release is met, such as retirement. Read more about superannuation in family law.
What happens to the family home?
Usually one party keeps the home and refinances the mortgage to pay out the other party’s share, or the home is sold and the net proceeds are divided. The right option depends on your finances, whether you can refinance, and the needs of any children.
In NSW, transfers of property made under family law orders or a Binding Financial Agreement may be exempt from stamp duty. Your lawyer can explain how this applies to you.
What is the difference between Consent Orders and a Binding Financial Agreement?
Both can formalise a property settlement.
Consent Orders are filed with the Federal Circuit and Family Court of Australia, and the Court only makes the orders if it is satisfied they are just and equitable.
A Binding Financial Agreement is a private contract made under the Family Law Act. It is not reviewed by the Court, but each party must receive independent legal advice before signing for it to be binding. A Binding Financial Agreement can also be made before or during a relationship. We can help you decide which option suits your situation.
Do I have to go to Court?
Not usually. Most property settlements are resolved by negotiation or mediation and then formalised by Consent Orders, without either party appearing in Court.
Before starting Court proceedings, parties are generally expected to follow pre-action procedures, including making a genuine attempt to resolve the dispute. If an agreement can’t be reached, we can guide you through Court proceedings. If you need ongoing financial support after separation, read about spousal maintenance.
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Wish to discuss your situation?
Please contact our team at ALA Law (formerly Amanda Little & Associates) for relevant advice and help in reaching a resolution for your family law property settlement and property division
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