Dividing Assets After a Short Marriage or Relationship: What’s Fair?

The Federal Circuit and Family Court of Australia note that a financial or property order is a bundle of orders made by the court relating to the division of property, finances, or money, which also can include orders for payment of spouse or de facto partner maintenance. When this order is made, each person must follow it.

The Family Law Act 1975 sets out the principles that the court considers when deciding these disputes after the breakdown of a marriage (Section 79) or de facto relationships, which is discussed in Section 90SM. How your assets are shared between you depends on the individual circumstances of your family. You can apply for orders in relation to:

• How your property, income, financial resources, and debts should be shared between you
• Maintenance to provide financial support for a former husband, wife, or de facto partner
• Child support in certain circumstances (under Sections 96, 116, 123 or 129 of the Child Support Assessment Act).

Some parties will be eligible for Priority Property Pool cases, which are case managed by Judicial Registrars under the focused PPP case management model for a cost-effective, timely and safe solution.

Can you work out your property settlement without going to court?

It is recommended to agree on arrangements for property without attending court, as it is expensive, time-consuming, and might not give you the outcome you would like. Family law courts require people applying for property settlements to resolve matters (and make a genuine effort) before filing an application.

Family dispute resolution or mediation services are a more affordable and less stressful option for reaching an agreement, but it depends on the complexity of your case.

What Happens to Marital Property During Family Law Proceedings?

Family law matters can take months or years to be resolved, so the court will enter temporary orders to govern the parties under the matter is finalised. Parties cannot:

• Sell marital assets without the court’s permission

• Allow marital property to be at risk of theft or destruction

• Donate marital assets or gift them to friends and family
• Destroy marital assets

An ex-spouse violating any of these orders can be punished through the court’s contempt powers and/or may be given a smaller share of the marital assets.

The court determines how to divide these assets by looking at the contribution each party made to the asset to increase its value, the value of each property or asset assigned by the parties, an agreement reached by the parties, and other factors or circumstances.

Filing an application with the court

Electronically (eFile) applications allow you (within a secure website) to have access to information about your court file, the ability to eFile several applications and supporting documents, and to pay the filing fee online, 24/7. Parenting and financial or property orders can be sought in the same Initiating Application.

Seek legal advice before applying to the court or deciding on what to do. A lawyer helps you to understand your legal rights and responsibilities and explains how the law applies to your case.

The court is unable to provide legal advice to people with family relationship issues; doing so can compromise the court’s ability to impartially determine a case if a person then applies to the court seeking orders.

How Can Chatswood Family Lawyers Protect Your Assets?

If you and your ex-spouse (or de facto relationship) cannot agree on how to divide property between the two of you, the court considers the appropriate circumstances and enters an agreement that is equitable and fair to you.

Chatswood Family Lawyers provide aggressive legal representation to protect your legal and financial interests throughout the duration of your divorce or separation. Here are some of the things we can help you with:

• Business ownership and property division

• Dividing assets such as land, property, superannuation, investments, and retirement savings

• High-asset family law matters such as brokerage accounts, homes, or other real estate

• Hidden or overseas accounts

• Binding financial agreements
• Temporary orders during divorce proceedings

The property settlement team at Chatswood Family Lawyers has extensive experience handling complex and high-value property division matters across the North Shore, Greater Sydney, and throughout NSW. No matter how intricate your situation may be, our lawyers provide clear guidance, strategic advice, and strong representation to help you achieve a fair and secure outcome.

If you believe your property settlement or divorce involves complicated financial or legal issues, we encourage you to get in touch. Our team is here to support you at every stage of the process and ensure your best interests are protected.

What is fair in terms of property division depends on your circumstances, and a family lawyer makes everything clearer to you.

Book a consultation

Need a Family Lawyer for Your Sydney Case? Talk to Us

Worried about a court order, application for consent orders, spousal maintenance, joint contributions, or your property interests?

Chatswood Family Lawyers offer legal help during an emotional relationship breakdown. To arrange a confidential consultation with one of our experienced family lawyers in Sydney, contact us on (02) 9412 4500 or email enquiries@chatswoodfamilylawyers.com.au.

We offer in-office appointments as well as convenient phone consultations for divorce, family law, child custody, complex property division, or prenuptial agreements.

Let our dedicated team help you protect your assets and secure your financial future with trusted legal advice and representation.