When a separation involves a home, investment properties, a business, a trust or large super balances, the property settlement matters as much as the divorce. Here are the rules from the official sources.
The time limits
- Married: apply for property orders within 12 months of your divorce becoming final.
- De facto: apply within 2 years of the relationship breaking down.
- After that you need the court's permission, which is not always granted (Federal Circuit and Family Court of Australia).
- You do not have to wait for the divorce to apply for property orders.
How property is divided
The court identifies and values all the property (including super, which can be split), looks at what each person contributed, considers current and future circumstances, and makes an order that is just and equitable (Attorney-General’s Department guide).
What changed in 2025
From 10 June 2025, the economic effect of family violence is a relevant consideration in dividing property, economic or financial abuse is expressly part of family violence, and the duty to disclose finances is in the Family Law Act itself (Federal Circuit and Family Court of Australia).
Before you go to court
Each person must genuinely try to resolve the dispute and follow the pre-action procedures (unless it is unsafe), and file a Genuine Steps Certificate.
Western Australia
In WA, property cases go to the Family Court of Western Australia. Married couples apply within one year of the divorce and de facto couples within two years of the breakdown (Family Court of WA).
Free official help
- Family Relationship Advice Line: 1800 050 321
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General information, not legal advice. Claim Done is not a law firm. Checked against the official sources below on 22 October 2026. If you need an interpreter, call TIS National on 131 450.
Official sources
- FCFCOA: Property and finances overview
- FCFCOA: Divorce overview
- FCFCOA: Family law changes 2025
- Attorney-General's Department: Guide to dividing your property and finances
- Family Court of WA: Property and financial matters
- Family Relationship Advice Line