The four-step property settlement process
Australian courts follow a standard four-step process for dividing property after separation:
- Identify and value the asset pool - all assets, liabilities, superannuation, and financial resources of both parties
- Assess contributions - financial contributions (income, assets brought in), non-financial contributions (renovations, business work), and homemaker/parenting contributions
- Consider future needs - age, health, earning capacity, care of children, length of relationship
- Ensure the outcome is just and equitable - the court checks the overall fairness of the proposed split
Property settlement is not automatically 50/50. The split depends on each couple's specific circumstances.
Time limits for property claims
Married couples: 12 months from the date the divorce order becomes final.
De facto couples: 2 years from the date of separation.
If you miss these deadlines, you need court permission to proceed. This is not guaranteed. Act early.
Stamp duty exemption in NSW
Section 68, Duties Act 1997 (NSW)
Full exemption from transfer duty for property transfers following relationship breakdown. Apply via Revenue NSW form ODA070. If duty was already paid, you can claim a refund from the Chief Commissioner.
First Home Owner Grant
$10,000 for new homes up to $600,000. NSW also offers stamp duty exemptions for first home buyers on properties up to $800,000.
How we help with property settlement finance
- Pre-settlement assessment - we tell you what you can afford before you negotiate
- Refinance to sole name - removing your ex from the mortgage after settlement
- Partner buyout structuring - calculating the equity split and financing the buyout
- Timing coordination - aligning the finance approval with your consent orders
- Stamp duty exemption - ensuring you qualify for the exemption in your state
NSW court system
NSW family law matters are handled by the Federal Circuit and Family Court of Australia (FCFCOA), with registries in Sydney, Parramatta, Newcastle, and Wollongong.