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 Tasmania
Tasmania offers a full stamp duty exemption under the Duties Act 2001 (Tas). Uniquely, Tasmania also exempts motor vehicle transfers during separation - something no other state offers.
Tasmania also accepts agreements under the Relationships Act 2003 for registered relationships.
First Home Owner Grant
$30,000 with no property value cap - the most generous FHOG in Australia. For separated people looking to build new, this is an extraordinary opportunity.
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