Do I need consent orders before I can refinance?

Not always. Some lenders will proceed with a refinance based on a separation agreement or Binding Financial Agreement, while others require Consent Orders to be in place. The exact requirement depends on the lender and the specifics of your situation. Your broker can identify which lenders are most practical for your timeline.

Separation & Divorce Finance Adelaide | Lendology Mortgage Brokers

Q: Can I refinance a home loan into my name only after separation?

Yes, it is possible to refinance a jointly held home loan into a single name following separation. The person keeping the home needs to demonstrate they can service the loan independently. This typically involves a new credit assessment, updated income verification, and a formal property valuation. A mortgage broker can assess your individual position and identify suitable lenders.

You are not alone

You might be going through
something like this

Separation looks different for everyone. Whatever your situation, we have guided people through it - calmly, privately, and without pressure.

One person wants to stay. The other needs a clean break.

You want to keep the family home - the neighbourhood, the school, the stability for the kids. But your partner needs to move on. We help you understand whether refinancing into your name alone is achievable, and what that loan would look like on a single income.

You are not sure yet what you want to do with the house.

Sell, stay, or wait - everything feels uncertain right now. You just need to understand your options before committing to anything. We walk you through the numbers on each path so you can make an informed choice, on your timeline.

Your settlement is finalised. Now you need to act on it.

Consent orders are done, the agreement is signed. Now you need a lender who understands property settlements and can move efficiently. We work with your solicitor to make sure the finance side reflects your legal agreement exactly.

You are starting over and want to buy your own place.

The dust has settled and you are ready to build something new. Whether your equity from the settlement becomes a deposit, or you are starting from scratch, we assess your position honestly and find lenders that work for your new circumstances.

What we do

How we help during separation

We focus on what is financially possible - calmly, privately, and without pressure. Here are the four things we do most often for clients going through separation.

Refinance to sole name

If you are keeping the family home, the joint loan needs to move into your name alone. We assess your individual borrowing capacity, identify lenders suited to your situation, and manage the entire refinance process - including coordination with your solicitor on timing.

Equity splits and partner buyouts

We help you understand what buying out your partner's equity share actually means in dollar terms - and whether the new loan required is serviceable on your income. We model the numbers clearly so you can go into settlement discussions well-informed.

Consent order coordination

Property settlements need to be formalised through Consent Orders or a Binding Financial Agreement before certain lenders will proceed. We work alongside your family law solicitor to ensure the finance steps align with your legal timeline - no crossed wires.

Fresh start lending

If your settlement includes a cash payout, or you are ready to purchase a new property independently, we assess your position with fresh eyes. We know which lenders handle post-separation applications most fairly - including how they treat child support, shared debt, and single incomes.

Calculators

Understand your numbers before any conversation

Three calculators designed specifically for people going through separation. Run the scenarios privately, at home, in your own time. General estimates only - not a lending assessment.

Featured tool

Property Settlement Calculator

The most detailed tool we have built. Enter your property details, debts and income to compare three scenarios side by side - keeping the home, selling, or waiting. Includes an indicative borrowing estimate and a checklist for your adviser conversations.

Open calculator

Solo borrowing

What Can I Borrow on My Own?

Going from two incomes to one changes your borrowing picture significantly. Enter your individual income, existing commitments and dependants to get a rough indicator of your estimated loan range - for a general indication of your position.

Open calculator

Rent vs keep

Keep the Home or Sell and Rent?

If selling nets you $200,000 in equity but renting costs $2,200 a month, what does that actually look like over five years? This calculator compares the long-term cost of staying versus selling and resetting - useful before making the biggest call of the settlement.

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Our approach

A supportive, step-by-step process

We work at your pace, in coordination with your legal team, to navigate the lending decisions that come with separation. There is no pressure at any stage.

1

A private conversation

We start with a confidential chat - no paperwork, no commitments. You tell us what is happening and we give you an honest picture of your options. There is no charge and no obligation.

2

We assess your position

We look at your income, the property, the existing loan and your debts to give you a realistic sense of what is possible on your own. We model the numbers for each scenario clearly.

3

We coordinate with your team

We work alongside your solicitor and conveyancer - not in isolation. Getting the finance and legal steps aligned is essential, and we manage that coordination so nothing falls through the gaps.

4

We settle it and stay with you

Once your loan is in place, we do not disappear. We check in after settlement and stay available as your situation evolves - whether that means reviewing your rate or helping with the next property.

Common questions

Finance during separation - your questions

Honest, general answers to the questions we hear most often from people going through separation in Adelaide.

What happens to the mortgage when you separate in Australia?

Both parties remain jointly liable for the home loan until it is formally refinanced into one name, sold, or discharged. Joint liability continues regardless of who is living in the property or making repayments. This matters because the mortgage will appear on both credit files and affect both parties' borrowing capacity for any new property until it is resolved.

Can I refinance a home loan into my name only after separation?

Yes, it is possible - but you need to demonstrate you can service the loan independently. This involves a new credit assessment based on your individual income, expenses and debts. A formal property valuation is usually required, and lenders may need to see a copy of your separation agreement or Consent Orders depending on the lender's policy. A broker can identify which lenders are most practical for your situation and timeline.

How does a property settlement work in Australia?

Property settlements in Australia are formalised through either Consent Orders filed with the Family Court, or a Binding Financial Agreement. Both documents outline how assets and liabilities are divided between the parties. A family law solicitor should guide this process. Your mortgage broker works alongside your legal team to ensure the finance side is structured correctly once the legal framework is in place.

How does child support affect my borrowing capacity?

Child support payments you make are treated as a financial commitment by lenders and will reduce your assessed borrowing capacity. Child support you receive may be counted as income by some lenders, depending on how it is documented and the specific lender's policy. A broker can identify which lenders treat child support most favourably for your particular circumstances.

Do I need Consent Orders in place before I can refinance?

Not always. Some lenders will proceed with a refinance based on a separation agreement or Binding Financial Agreement, while others require Consent Orders to be finalised first. The exact requirement depends on the lender and the specifics of your situation. This is one of the most important reasons to involve a broker early - we can identify the lenders whose process aligns with your legal timeline rather than creating unnecessary delays.

What is a partner buyout and how does it work?

A partner buyout is when one party refinances the home loan into their sole name and pays out the other party's equity share in the process. The new loan amount covers the existing loan balance plus the partner's agreed equity entitlement, plus any legal or transfer costs involved. The new loan is then assessed based solely on the remaining party's income and financial position. Our Property Settlement Calculator can give you a rough estimate of what this looks like for your numbers.

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