Property Settlement After Divorce

Yes, there are time limits for filing a property settlement in Australia, and they’re essential to keep in mind!

For couples going through a divorce, you generally have 12 months from the date your divorce is finalised to start property settlement proceedings. For de facto relationships, you have two years from the date of separation.

If you miss these deadlines, it’s not necessarily the end of the road—you may still be able to file, but you’ll need permission from the court, which isn’t guaranteed. Courts only grant exceptions in cases where there could be serious hardship or injustice if a property claim isn’t allowed to proceed.

Starting the property settlement process early ensures you have time to consider all your assets, financial resources, and future needs without rushing through legal requirements. If you’re nearing the end of the time limit, it’s wise to seek legal advice to protect your entitlements and avoid additional stress.

It’s also important to remember, you don’t have to wait until you are divorced to work through your property settlement. This can be done at any point after the breakdown of your relationship.

What if I owned property and my ex-partner owned nothing when we became a couple?

If you brought property or other significant assets into the relationship while your ex-partner didn’t, you might wonder how that will affect the property settlement. The Family Court does take into account what each party brought into the relationship. Generally, assets you owned before the relationship, like a house or investments, are considered part of your initial contributions.

However, as the relationship progresses, especially in long-term relationships or marriages, these initial contributions can become less of a focal point in the court’s decision. The court will look at how both parties contributed over time—whether through financial contributions or non-financial contributions such as home maintenance, raising children, or managing the household.

The court’s goal is to achieve a fair division that reflects both your initial assets and the partnership’s growth. If you’re concerned about protecting property you owned before the relationship, a binding financial agreement can be a proactive way to establish clear terms. Otherwise, discussing your circumstances with a family lawyer can provide clarity on your rights and what to expect in the property settlement.

My ex-partner worked and paid the mortgage while I stayed at home. Can I get anything?

Absolutely! While you may not have contributed as much to the relationship financially, the Australian family law system and Courts recognise the importance of both financial and non-financial contributions. Even if your ex-partner was the primary earner and covered expenses like the mortgage, your role in managing the home, raising children, or taking on other domestic responsibilities is equally important in the eyes of the law.

Non-financial contributions, such as parenting or household upkeep, can significantly influence the court’s decision. The court recognises that these roles support the family unit and allow the working partner to focus on their career. As a result, you’re likely entitled to a share of the property pool that reflects your contributions to the partnership, even if they weren’t financial.

This balanced approach helps ensure a fair division of property that acknowledges the partnership’s shared efforts, regardless of who was bringing in the income. If you’re concerned about receiving your fair share, consulting an experienced family lawyer can provide guidance tailored to your situation.

I bought a car after we separated. Can my ex-partner get it?

Purchasing new assets after separation can be a bit of a grey area in the property settlement process. In general, items acquired post-separation are less likely to be included in the property pool. However, if the Family Court finds that your new purchase—like a car—was funded with shared financial resources or income from the relationship (either the marriage or de facto relationship), it might still be considered.

The court will look at factors like when and how the asset was purchased and whether it was acquired using any joint funds. If the car was bought with your own independent earnings after separation, it’s typically excluded from the settlement. But if shared savings or joint bank accounts were used, it could still be viewed as part of the couple’s overall property settlement.

To ensure clarity, it’s wise to keep clear records of post-separation purchases and consider independent legal advice if you have questions about specific assets acquired after the split.

What if my partner spends our money or gets rid of our property?

If your ex-partner is spending joint funds or disposing of assets to reduce the property pool, the Family Court may take action to ensure a fair outcome. Known as asset dissipation, this can include anything from unnecessary spending to selling or hiding assets, which can negatively affect your property settlement.

The court has mechanisms in place to prevent this kind of behaviour from unfairly impacting the other party. For example, it might “add back” the value of those assets to the property pool or consider that spending when dividing assets. If you suspect your ex-partner is engaging in asset dissipation, documenting these actions is key. Gather records of large withdrawals, unusual transactions, or sales of joint assets.

The sooner you seek legal advice, the better, as a family lawyer can help you protect your interests and potentially prevent further depletion of assets. The goal is to reach an equitable division that takes into account all financial contributions and prevents one party from causing harm to the other’s settlement.