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 Victoria
Section 44(1), Duties Act 2000 (Vic)
Full exemption from land transfer duty when a property is transferred solely because of relationship breakdown. Apply via the Digital Duties Form through the State Revenue Office - one of the most streamlined processes in Australia.
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