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 Tasmania
Tasmania offers a full stamp duty exemption under the Duties Act 2001 (Tas). Tasmania also exempts motor vehicle transfers made because a marriage or relationship has broken down (Victoria has a similar vehicle exemption).
Tasmania also accepts agreements under the Relationships Act 2003 for registered relationships.
First Home Owner Grant
$20,000 for new homes where the contract or building contract is dated between 1 July 2026 and 30 June 2027 (it was $30,000 for 2025-26). The grant applies to new homes only, and you generally cannot get it if you have previously owned and lived in a home in Australia. Source: State Revenue Office Tasmania, 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