Property Settlement – What are you entitled to?

17 January 2023


In determining what a person is entitled to in a family law property settlement, the Court takes into account the following:

• what assets, debts and superannuation entitlements each party brought into the relationship;

• what financial input each party had during, and after, the relationship (e.g. payment of bills and groceries, use of savings to purchase property, lump sum receipts et cetera);

• what non-financial input each party had during, and after the relationship (e.g. renovations);

• what input as homemaker and parent each party had during, and after the relationship (e.g. carrying out home duties and caring for the parties’ children); and

• what each party’s future needs are having regard to their incomes/income earning capacities, ages, state of health, obligation to care for children of the relationship under 18 et cetera.


Provided the Court is first satisfied that property settlement Orders are required, the Court considers the abovementioned factors in a four-step process. The steps are:

1. identify the current property pool (assets, debts and superannuation entitlements now) and assign a ‘market value’ to each item;

2. consider the parties’ contributions (detailed in the first four dot points above) and assign a percentage of the property pool to each party based on those contributions;

3. consider the parties’ future needs and possibly adjust the percentage assigned at step 2 to take those future needs into account; and

4. ensure that the proposed division is just and equitable (for example, stand back from the Orders and consider whether they are just, overall, and make Orders providing for the division of the property pool).

Leave a Reply

Your email address will not be published. Required fields are marked *

You might also like

Property Settlement – Common Myths

‘PROPERTY’ JUST MEANS THE HOUSE Completely untrue. ‘Property’, for the purposes of the Family Law Act, includes all assets, debts…

View Post

Family Law Property Settlements – The Basic

What is a Property Settlement? A ‘Property Settlement’ is simply the term used to describe the process of dividing the…

View Post

Family Law Property Settlements – Time Limits

How Long after Separation do you have to effect a Legally Binding Property Settlement? It depends on your relationship status.…

View Post

Book your free consultation now

Simply answer a few questions so our lawyers can provide you with advice that is personalised and relevant to your particular issue or enquiry. If you need urgent attention, please call 07 4426 8400