The four-step property settlement process
Australian courts follow a standard four-step process for dividing property after separation:
- Identify and value the asset pool - all assets, liabilities, superannuation, and financial resources of both parties
- Assess contributions - financial contributions (income, assets brought in), non-financial contributions (renovations, business work), and homemaker/parenting contributions
- Consider current and future circumstances - age, health, earning capacity, care of children and their housing needs, and the effect of any family violence
- Ensure the outcome is just and equitable - the court checks the overall fairness of the proposed split
Property settlement is not automatically 50/50. The split depends on each couple's specific circumstances.
Changes from 10 June 2025
The Family Law Amendment Act 2024 wrote these steps into the Family Law Act. Courts (and couples negotiating outside court) must now also consider, where relevant, the economic effect of family violence (including financial abuse), the need to provide housing for children under 18, material wastage of property, and each person's debts. Both people have a legal duty to disclose all relevant financial information. This is general information only - speak with a family lawyer about your situation. If you have experienced family violence, 1800RESPECT is available on 1800 737 732. Source: Attorney-General's Department.
Time limits for property claims
Married couples: 12 months from the date the divorce order becomes final.
De facto couples: 2 years from the date of separation.
If you miss these deadlines, you need court permission to proceed. This is not guaranteed. Act early.
Stamp duty exemption in the ACT
Full exemption from conveyance duty under the Duties Act 1999 (ACT). The ACT also covers transfers under the Domestic Relationships Act 1994, which requires a written agreement signed by both parties with certificates of independent legal advice.
No FHOG - but the Home Buyer Concession Scheme
The ACT does not offer a First Home Owner Grant. Instead, eligible buyers can access the Home Buyer Concession Scheme. For transactions from 1 July 2026 there is no income threshold and no property value limit, so eligible buyers pay no conveyance duty at all. You must not have owned property in the previous 5 years, but property you had to sell or transfer under a sealed court order or a signed financial agreement can be exempt from that test if the order or agreement was in place before you sold and before you buy. Source: ACT Revenue Office, checked October 2026.
How we help with property settlement finance
- Pre-settlement assessment - we tell you what you can afford before you negotiate
- Refinance to sole name - removing your ex from the mortgage after settlement
- Partner buyout structuring - calculating the equity split and financing the buyout
- Timing coordination - aligning the finance approval with your consent orders
- Stamp duty exemption - ensuring you qualify for the exemption in your state