One of the most common concerns following separation is understanding how property will be divided.

In Australia, property settlements are governed by the Family Law Act 1975 and apply to both married couples and eligible de facto couples (including same-sex couples).

The purpose of a property settlement is not simply to divide assets. It is also intended to help finalise the financial relationship between the parties and provide certainty for the future.

The law recognises that contributions to a relationship are not limited to financial contributions. Contributions made as a homemaker, parent or through non-financial efforts are also considered.

The Importance of Finalising a Property Settlement

A formal property settlement can provide certainty and allow both parties to move forward independently.

An informal agreement between separating partners may not provide legal finality. Unless a property settlement is properly formalised, there may be a risk that a former partner could seek a property adjustment in the future.

Time limits also apply:

• Married couples generally have 12 months from the date a divorce order takes effect to commence property proceedings.
• De facto couples generally have two years from separation to commence property proceedings.

Obtaining advice early can help you understand your options and avoid unnecessary disputes.

How Does the Court Decide a Property Settlement?

Australian courts generally apply a four-step approach when determining property settlements.

Step One: Identify and Value the Property Pool

The first step is identifying all assets, liabilities and financial resources.

The property pool may include:

• real estate;
• bank accounts and investments;
• businesses and company interests;
• trusts;
• superannuation;
• vehicles and personal property;
• inheritances;
• liabilities and debts;
• other financial resources.

The value of the property is usually determined as at the date the matter is being considered, not simply the date of separation.

Once assets and liabilities are identified and valued, the net asset pool can be calculated.

Step Two: Assess Contributions

The Court considers the contributions made by each person throughout the relationship.

These may include:

Financial contributions

Examples include:

• income;
• savings;
• property purchases;
• mortgage repayments;
• business investments.

Non-financial contributions

Examples include:

• renovations;
• improvements to property;
• unpaid work that increases the value of assets.

Contributions as homemaker and parent

The law recognises that caring responsibilities and maintaining the household can be significant contributions to a relationship.

The assessment of contributions depends on the individual circumstances of each relationship.

Step Three: Consider Future Needs

The Court then considers factors that may affect the future circumstances of each person.

These may include:

• age and health;
• income and earning capacity;
• responsibility for children;
• financial resources;
• future care responsibilities;
• the impact of the relationship on earning capacity;
• other relevant financial circumstances.

This step recognises that an equal division of assets is not always an appropriate outcome.

Step Four: Is the Outcome Just and Equitable?

Finally, the Court must consider whether the proposed property division is fair in all the circumstances.

There is no automatic formula that determines how property must be divided.

Every relationship is different, and the outcome depends on the particular facts, contributions and future circumstances of each person.

Negotiated Property Settlements

Many property matters can be resolved without Court proceedings.

At Mathews Family Law & Mediation Specialists, we assist clients through a range of dispute resolution options, including:

• negotiation;
• lawyer-assisted settlement discussions;
• mediation;
• Family Dispute Resolution;
• collaborative approaches; and
• Court representation where required.

Our goal is to help clients achieve practical and legally sound outcomes while minimising unnecessary conflict and expense.

Property Settlement Lawyers Melbourne

Property settlements can involve complex issues including businesses, trusts, superannuation, inheritances and significant asset pools.

The Accredited Family Law Specialists at Mathews Family Law & Mediation Specialists provide strategic advice tailored to your circumstances and help clients throughout Australia resolve complex financial matters following separation.

Contact our team to arrange a consultation about your property settlement options.

About Vanessa Mathews — Accredited Family Law Specialist

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa is an Accredited Family Law Specialist, Accredited Family Dispute Resolution Practitioner (FDRP) and Mediator who practises exclusively in family law. She assists clients throughout Australia with separation, divorce, parenting disputes, property settlements, financial agreements and other complex family law matters.

Helping families resolve conflict through specialist legal expertise and constructive dispute resolution.

Last reviewed: 24 July 2026

Disclaimer: This page provides general information only and does not constitute legal advice. Every family law matter is different and you should obtain advice tailored to your circumstances.

Following separation, many parents make informal arrangements about how their children will be cared for.

These arrangements may be reached between parents directly, or with the assistance of:

• family counselling services;
• Family Dispute Resolution (FDR);
• mediation; or
• lawyers.

While informal agreements can work well for some families, it is important to understand that they are not legally enforceable.

If one parent decides not to follow an informal arrangement, the other parent generally cannot enforce the agreement in the same way they could enforce a Court order.

Formalising Parenting Arrangements

Parents who have reached agreement about parenting arrangements may choose to formalise their agreement in different ways.

Options may include:

Parenting Plans

A parenting plan is a written agreement between parents that sets out arrangements for their children.

A parenting plan may address matters such as:

• where children live;
• the time children spend with each parent;
• holidays and special occasions;
• communication arrangements; and
• decision-making responsibilities.

A parenting plan is not a legally enforceable Court order, although it can be relevant if parenting issues later come before the Court.

Consent Parenting Orders

Parents may also apply to the Federal Circuit and Family Court of Australia for parenting orders by consent.

Consent orders provide greater certainty because they are legally enforceable.

Agreement is often reached through:

• negotiation between parents;
• lawyer-assisted discussions;
• mediation; or
• Family Dispute Resolution.

Should I Obtain Legal Advice Before Agreeing to Parenting Arrangements?

Yes.

Before agreeing to parenting arrangements, it is important to understand how the agreement may affect your rights and responsibilities as a parent.

An experienced family lawyer can help you consider:

• whether the proposed arrangements are in your children’s best interests;
• whether the agreement is practical and sustainable;
• whether it should be formalised;
• the impact of arrangements on future family law issues; and
• whether additional advice is needed regarding child support or financial matters.

Parenting Lawyers Melbourne

At Mathews Family Law & Mediation Specialists, our Accredited Family Law Specialists assist parents to resolve parenting disputes through negotiation, mediation, Family Dispute Resolution and, where necessary, Court proceedings.

Our focus is on helping families develop practical arrangements that prioritise the wellbeing of children while protecting parents’ legal rights.

Contact our team to discuss your parenting arrangements and legal options.

About Vanessa Mathews — Accredited Family Law Specialist

This page was prepared and reviewed by Vanessa Mathews, Principal of Mathews Family Law & Mediation Specialists. Vanessa is an Accredited Family Law Specialist, Accredited Family Dispute Resolution Practitioner (FDRP) and Mediator who practises exclusively in family law. She assists clients throughout Australia with separation, divorce, parenting disputes, property settlements, financial agreements and other complex family law matters.

Helping families resolve conflict through specialist legal expertise and constructive dispute resolution.

Last reviewed: 24 July 2026

Disclaimer: This page provides general information only and does not constitute legal advice. Every family law matter is different and you should obtain advice tailored to your circumstances.