Family Law & Divorce

Property Settlement

In plain English

The process of dividing assets, debts and superannuation between a couple after they separate.

What it means

A property settlement is the legal division of a separating couple's assets and liabilities — including real estate, savings, superannuation, businesses and debts. It is a separate process from divorce, and there are time limits for bringing a claim (generally 12 months after a divorce, or two years after a de facto separation). The court follows a structured approach: identifying the asset pool, assessing each party's contributions, considering future needs, and deciding what division is just and equitable. There is no automatic 50/50 split.

How it's used

Their property settlement divided the house, two cars and both superannuation accounts, leaving each with a roughly equal share.

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