What Am I Entitled to in a Property Settlement After Divorce? Here’s What You Must Know
Wondering where you stand after separation? Property settlement under Australian law can feel complex—but it doesn’t have to be.
At Lawfinity Consultants, we help you understand what you’re entitled to — from your home and superannuation, to debts and future needs.
Important Law Update (Effective 10 June 2025):
Under the Family Law Amendment Act 2024, the Family Law Act 1975 was updated to:
- Codify the standard four‑step process for property settlement into the Act itself
- Make family violence and economic abuse a mandatory consideration in property
decisions - Recognise companion animals in property settlements
- Elevate the duty of financial disclosure from the Rules into the Act
How Courts Decide What You’re Entitled To
The court now follows a clearly defined four-step framework:
1. Identify all assets and liabilities (home, investments, debts, super, pets, crypto, etc.)
2. Assess contributions — financial, non‑financial, homemaking, parenting and even
economic abuse effects
3. Adjust for future needs — health, age, children, and ability to earn in future
4. Ensure a just and equitable outcome — not always 50/50, but fair based on individual
circumstances
What You Might Be Entitled To
- Family home & property — regardless of whose name is on title
- Superannuation — often a significant asset to divide
- Investments and savings — bank accounts, shares, trusts
- Vehicles, business assets, and personal belongings
- Debts and loans — these form part of the property pool too
- Companion animals — ownership now considered based on welfare and caregiving
Why Family Violence and Financial Abuse Now Affect Division
The updated Act requires courts to consider the economic impact of family violence and
financial abuse when evaluating contributions and future needs. This includes:
- Controlling or sabotaging work, income or superannuation
- Accruing debt in the other’s name
- Withholding support or coercing financial decisions
Time Limits You Must Know
- You have 12 months from the date the divorce becomes final to apply for property
settlement - If the matter is de facto: 2 years from separation is the time limit.
- Failing to act in time may require court permission to proceed.
How Lawfinity Consultants Can Help
- Preparing property disclosure lists and valuations
- Negotiating settlements through mediation or consent orders
- Including companion animals in agreements
- Addressing family violence or financial abuse factors
- Protecting inheritances via Binding Financial Agreements
We also offer bundle fee packages property settlement packages and a free 15-minute
consultation to get you started.
�� Call us or book your free consult online today.
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| Topic | What the Court Considers |
|---|---|
| Assets & liabilities | All property, debts, superannuation, pets, business interests |
| Contributions | Financial, non-financial, homemaking, parenting, abuse |
| Future needs | Health, age, income capacity, caregiving responsibilities |
| Fair outcome | Just and equitable — not always equal |
| Time limits | 12 months (divorce), 2 years (de facto) |