Separation and Property Division

Am I entitled to property settlement?

Regardless of whether you were in a heterosexual or same sex relationship, married or de facto, you may be entitled to apply for property settlement after your relationship ends. 

 

Often, one of the most difficult issues to resolve when separating is the fair division of property. It is important to get legal advice about property settlement, and what you would be entitled to receive. 

 

Women make decisions about whether they pursue a property settlement for many reasons, including safety considerations, and their children’s financial and emotional needs. Unfortunately, forgoing entitlements may mean that they end up worse off financially. 

 

This financial inequity may become particularly obvious in later life. This is why it is always important to get legal advice about what you may be entitled to receive, so that you can realistically plan for the future and have all the relevant information you need to make a decision. 

 

The Family Law Act 1975 (Commonwealth) gives separated couples (married and de facto) certain rights to a property settlement. Under a property settlement, the wealth built up during the relationship is divided between the parties.

Separation and Property Clinic


Phone Call – Every Friday

 

Receive information about separation and property settlement arrangements with a free once off, one hour appointment with a lawyer via phone. You can book an appointment by having a supportive chat with one of our Support and Information Workers over the phone (1300 134 130) or face-to-face (in person or via Zoom).

  • Need help with a legal matter?
  • Want to talk to a family lawyer?
  • Unsure of whether you need to go to court?

What’s covered?

  • Legal advice for women, non-binary and gender-diverse people
  • Advice and assistance on separation and property
  • Understanding the fair division of property
  • Parenting agreements
  • Financial arrangements and child support