When a relationship ends, the first question is almost always the same: who keeps the house, the super, the savings? The honest answer is that there's no fixed formula and no automatic 50/50. In Australia, a property settlement looks at your situation as a whole and asks what is fair — and “fair” is worked out in four steps.
Step one — what's in the pool. Everything goes on the table: the home, cars, savings, businesses, superannuation, and debts — whether they're in one name or both, and whether they came before or during the relationship. Yes, superannuation counts as property, and it can be split.
Step two — contributions. The law weighs what each person contributed. That's not just income. Raising children, running the household and renovating the home are recognised alongside wages and deposits. A parent who stayed home is not penalised for earning less.
Step three — future needs. Two people can contribute equally and still receive different shares, because the law looks forward as well as back: who cares for the children, your ages and health, and each person's capacity to earn from here.
Step four — is it just and equitable? The proposed split is checked against one final test: is it genuinely fair in all the circumstances?
Time limits matter. If you've divorced, you generally have 12 months from the divorce becoming final to apply for a property order. For de facto couples, it's two years from separation. Miss the window and you need the court's permission to proceed.
You don't have to go to court to settle. Most couples reach an agreement and make it binding through consent orders or a binding financial agreement — cheaper, faster, and private.
General information only, not legal advice. For advice on your circumstances, contact HT Law Services on (02) 9280 1548.