Jason Given
Director & Mortgage Broker at Lendology. MFPA designated, MFAA member. Specialises in separation finance across Australia.
By Jason Given · April 2026 · 5 min read
A property settlement is the legal process of dividing assets and liabilities between separating partners. In Australia, this can be formalised through Consent Orders (filed with the Family Court) or a Binding Financial Agreement (BFA). Both are legally enforceable - the difference is in how they are made.
Consent Orders are approved by the Family Court. Both parties must agree to the terms, and the court checks that the arrangement is just and equitable. Once approved, they are court orders and fully enforceable. Most property settlements in Australia use this path.
A Binding Financial Agreement is a private contract between the parties, prepared by lawyers. Each party must receive independent legal advice. BFAs are faster than consent orders but can be challenged in court if proper process was not followed.
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Book a confidential chatThe first step is identifying and valuing all assets and liabilities - property, superannuation, savings, debts, vehicles, businesses. The total is the asset pool. The settlement determines how this pool is divided, taking into account each party's financial and non-financial contributions, future needs, and caring responsibilities.
The finance side - refinancing the mortgage, funding an equity buyout, or securing a new loan - is the mechanism that makes the settlement work. Knowing what you can borrow before finalising the legal agreement is critical. There is no point agreeing to keep the house if the refinance will not be approved on your income alone.
At Lendology, we work alongside your family lawyer to confirm what is financially achievable before you commit to settlement terms. This avoids the situation where a signed agreement cannot be implemented because the finance does not stack up.
Source: Family Court of Australia - fcfcoa.gov.au. Always seek independent legal advice before entering into any property settlement agreement.
While not legally required for a BFA, it is strongly recommended. Consent Orders require court filing. A family lawyer ensures your interests are protected and the agreement is enforceable.
Typically 3 to 6 months from initial negotiation to finalised orders. Complex cases with business interests or disputed assets can take longer. The finance side usually takes 4 to 8 weeks once terms are agreed.
Typically 3 to 6 months from the start of negotiations to finalised orders.
Straightforward cases where both parties agree can be resolved faster. Complex cases involving business interests, disputed valuations, or international assets can take 12 months or more. The finance side usually takes 4 to 8 weeks once terms are agreed.
No. There is no automatic 50/50 split in Australia, including South Australia.
The Family Court applies a four step process considering each party's financial and non-financial contributions, future needs, and overall fairness. Splits of 55/45, 60/40, or other ratios are common depending on individual circumstances.
We are not just explaining the process. We arrange the actual finance: refinancing into your sole name, funding a partner buyout, or setting up a new loan independently after settlement. We work with a panel of over 60 lenders to find the one that fits your situation.
Once the legal side of your property settlement is resolved, the next step is usually a financial one. That is where we come in.
Jason and Steve also help clients with first home loans, refinancing, and investment lending at lendology.com.au.
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Book a time with Jason or Steve. Confidential. No cost. No obligation.