Family law in Australia – dividing property after you have separated

This fact sheet has information on making an agreement or going to court, and how your property may be divided by the court. You will also find information on where to get help.

What the law says

The Family Law Courts:
• look at everything the couple owns, owes and earns, and then divides these fairly
• make decisions about your case in the hope that you both do not have to come back to court.
This is called a ‘property settlement’.
The law does not look at whose fault it is that the relationship broke down.

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