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. These changes are to the federal Family Law Act, which covers married couples in WA; WA de facto couples are covered by WA law, so ask your lawyer how it applies to you. 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.
WA's unique Family Court
Western Australia is the only state with its own Family Court. The Family Court of Western Australia handles both married and de facto matters, but de facto couples are governed by the Family Court Act 1997 (WA), not the federal Family Law Act.
Key differences for de facto couples in WA:
- Superannuation can now be split much as it is for everyone else - since 28 September 2022, WA de facto couples have been able to split super as part of their property settlement in the Family Court of Western Australia
- Both parties must have resided in WA on the application date
- Must have lived in WA for at least one-third of the relationship
Stamp duty in WA
WA charges nominal duty of $20 (rather than a full exemption) for separation property transfers. The practical effect is the same as zero duty.
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