The deadlines are strict
If you were married, you have 12 months from the date your divorce order takes effect. If you were in a de facto relationship, you have 2 years from the date of separation.
Note the difference: if you are separated but not divorced, no property deadline is running. De facto couples have no such buffer — the clock starts at separation.
How a settlement is worked out
There is no formula and no presumption of a 50/50 split. The court works through four steps, now written into the Family Law Act itself rather than existing only in case law.
What changed on 10 June 2025
The Family Law Amendment Act 2024 made the most significant change to the financial provisions since 2009.
- Family violence is an express consideration at two stages
- Economic and financial abuse named in the Act
- Duty of disclosure written into the legislation
- Traditional "add-backs" no longer applied
- Wastage of assets dealt with by a new provision
- Companion animals given their own category
Financial abuse under section 4AB expressly includes controlling access to money, running up debt in a partner's name without consent, hiding assets to distort a settlement, and dowry abuse. If that describes your relationship, it may affect your settlement — and it is far better raised early than late.
What goes into the pool
- The family home and any other real property
- Bank accounts and investments
- Superannuation, both parties
- Vehicles, boats and machinery
- Business and company interests
- Interests in family trusts
- Inheritances, whenever received
- Mortgages, loans, credit cards and tax debts
Two frequent misconceptions. An inheritance is not automatically excluded — it forms part of the pool, though when and from whom it was received affects how contributions are assessed. And assets in one name only are still in the pool: whose name is on the title does not determine the outcome.
Superannuation
Superannuation is property and can be split by agreement or court order — but a split does not release cash. The transferred amount stays in the superannuation system and remains preserved until the receiving party meets a condition of release, normally retirement.
The trustee must be given procedural fairness before splitting orders are made, so the fund has to be involved before orders are finalised rather than afterwards. Valuation also matters: an accumulation account is worth its balance, but a defined benefit interest is not and usually needs actuarial valuation. Treating a defined benefit fund as though its statement figure is its value is a common and expensive error.
Spousal maintenance
Spousal maintenance is separate from property settlement and separate again from child support. It is payable where one party cannot adequately support themselves and the other has the capacity to pay.
It is not automatic and it is not a lifestyle guarantee. The test is need and capacity: the applicant must show they cannot meet their reasonable expenses from their own income, taking into account the care of children, age, health, and their capacity to obtain suitable work. Maintenance is often interim — covering the gap between separation and settlement — rather than long-term.
The same time limits apply as for property: 12 months after a divorce order, or 2 years after de facto separation.
What it costs
- Fixed fee for consent orders where agreed
- Stage estimates for negotiated settlements
- Separate estimate if court becomes necessary
- Valuation and expert costs at cost
- Litigation funding available in some matters
- Honest advice on what is worth arguing
Frequently asked questions
No. There is no presumption of an equal split. The court works through a four-step framework: identify the pool, assess contributions, consider current and future circumstances, and check the result is just and equitable. Outcomes vary widely depending on the length of the relationship, contributions and future needs.
If you were married, 12 months from the date your divorce order takes effect. If you were in a de facto relationship, 2 years from separation. Outside those periods you need the court's permission, granted only where hardship would otherwise result.
Not automatically. An inheritance forms part of the property pool. When it was received, from whom, and how it was used all affect how contributions are assessed, so an inheritance received late in a short relationship is treated very differently from one received early in a long one.
Yes. Since 10 June 2025 the Family Law Act expressly requires the court to consider the economic effect of family violence when determining a property settlement. Economic and financial abuse is named in section 4AB and includes controlling access to money, incurring debt in a partner's name without consent, and concealing assets.
Yes, by agreement or court order. A split does not release cash: the transferred amount remains in the superannuation system and stays preserved until the receiving party meets a condition of release. The fund trustee must be given procedural fairness before splitting orders are made.
Spousal maintenance is payable where one party cannot adequately support themselves and the other has capacity to pay. It is not automatic and is assessed on need and capacity rather than lifestyle. It is often interim, covering the period between separation and settlement, and the same time limits apply as for property.
More information
A very complex area of law, plagued by public misconceptions. It is important to get prompt expert advice.
Property settlements
(for married & de facto couples)
A property settlement can be done any time after separation. However, time limitations apply if you need to bring an Application in Court for property settlement:
- For married couples, you must apply within 12 months of a Divorce Order becoming final;
- For de facto couples, you must apply within 2 years from the date of separation.
Start your family law matter online — privately and at your own pace
Not quite ready to pick up the phone? You can begin online instead. Answer a few simple questions about your situation in your own time, and our experienced family lawyers will review your details before your first appointment — so your meeting is focused on you, not paperwork.
The process of working out how property is divided upon separation is complicated. Despite commonly held beliefs, there is no law prescribing an equal split as every case is determined on its own specific facts. Essentially, there needs to be:
- An assessment of whether there should be any alteration of property interests at all;
- An identification and valuation of assets, liabilities and financial resources (superannuation);
- Consideration of the financial and non-financial contributions that have been made by each spouse (including initial contributions, homemaker/caregiver contributions, lump sums) ;
- Consideration of each spouse’s “future needs” and any other relevant factor the Court needs to contemplate (including the ages and health of parties, care of children, earning capacities).
- Consideration of whether the proposed split is “just and equitable” in the circumstances.
Property is broadly defined to capture anything of value and commonly includes:
- House, Land
- Cars, Boats, Motorcycles etc
- Household furniture
- All Bank accounts
- Superannuation
- Shares and Other Investments
- Intellectual Property with market value (such as a patent, trademark, copyright)
- Unused annual leave and long service leave entitlements
- Businesses (partnerships/companies/trusts)
- Tools of trade or other equipment
- And anything else that has a monetary value
We encourage parties to reach agreement about the division of property wherever possible. It is essential that any property settlement agreement is properly documented and finalised correctly so that it is binding and you can move forward with certainty.
Spouse maintenance
Separate to a property settlement, there are some circumstances where a person has the responsibility to financially assist their spouse or former de facto partner if that person cannot meet their own reasonable expenses following separation. There is no formula to calculate the amount of spouse maintenance payable. If spouse maintenance applies, the amount is different in every case. The extent of the financial assistance depends on the higher income earner’s capacity to pay and on the financial needs of the lower income earner.
We can also assist with:
- Separation and divorce
- Property disputes involving parents and adult children
- Financial agreements (pre-nups)
- Parenting arrangements
- Child support and Adult Child Maintenance
- Personal protection issues involving domestic violence
- Mediation
- Surrogacy agreements
Flexible Legal Financing for Family Law Matters
South Geldard Lawyers has proudly partnered with JustFund to offer our clients greater financial independence, particularly through family law litigation funding. For some clients, it can be a struggle to afford legal fees and disbursements, and limited access to funding sometimes means the settlement process stalls and clients get stuck. This partnership enables our clients to access the legal assistance they deserve to settle their family law matters and move on with their lives without the burden of immediate financial constraints.
Extensive Experience
Our professional team has extensive experience in a wide range of legal areas. Our approach is one of planning and involvement. We will continue to be there to support you with accurate and timely advice.
This page is general information about the law as it applies in Queensland, current as at 2026. It is not legal advice and does not take your circumstances into account. Figures set by regulation are indexed and change. Speak to one of our lawyers before acting.