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Separation and property

If you have separated, or are thinking about separating from your spouse or partner, this WIRE information booklet, Separation and property can be a useful guide to help explain:

• how property settlements work under the Family Law Act 1975 (Cth)

• the process of negotiating property settlements under the Family Law Act 1975 (Cth)

• applying for property orders under the Family Law Act 1975 (Cth).

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

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.

This WIRE information booklet, Separation and property helps you explore:

  • Whether you might be entitled to a property settlement
  • What is 'property'?
  • What is financial abuse?
  • How can a property settlement be formalised?
  • Getting legal advice
  • Getting support

Kindly funded by Victoria Law Foundation.

WIRE disclaimer: This information is intended as a guide only. Readers should not act on the basis of any material in this publication without getting legal advice about their own specific situation first. WIRE expressly disclaims any liability to any person that relies on the contents of this publication.

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