Property

From the date your divorce order comes into effect to apply for property and financial orders, if you were married.

You may be able to apply out of time, but you should get legal advice.

You can apply for property and finance orders at any time after you separate up until you get divorced.

From the date of separation to apply for property and financial orders, if you were in a de facto relationship.

You may be able to apply out of time, but you should get legal advice.

Hears applications for property and finance orders.

Division two of the Federal Circuit and Family Court of Australia hears most property settlement matters. Division one hears complex matters.

The Local Court of NSW will only hear property and finance matters if:

• both parties agree, or 
• the value of the property is less than $20,000 or a higher amount prescribed by state law.

An agreement that can be made before, during or after your relationship that sets out how property will be divided after separation.

For a financial agreement to be legally valid it must:

• be in writing
  
• be signed by you and your ex-partner after you have both received independent legal advice, and
  
• include a certificate from each of your lawyers that states that legal advice was given about the agreement.

​In Australia, prenuptial agreements and cohabitation agreements are known as financial agreements.

A domestic relationship between two adults who live together as a couple and who are not married or related to each other.

The sorts of things that determine whether you are in a de facto relationship are:

• the nature and extent of your relationship while living together
• whether you financially support each other
• whether there has been a sexual relationship
• the performance of household duties
• whether the relationship has been registered (in a State or Territory with laws for the registration of relationships)
• whether your friends and relatives see you as a couple.

If you were in a de facto relationship and have separated, you can apply for a property settlement if you:

• lived with your ex-partner longer than two years
  
• have children together
  
• made significant contributions to the property, or
  
• registered your relationship under a prescribed law of a State or Territory.

The steps you must take to try to resolve your property settlement matter before applying to court. 

Examples of pre-action procedures (PAPs) for property settlement matters are mediation, dispute resolution and negotiation. You don't have to follow PAPs in certain circumstances.

Federal Circuit and Family Court of Australia

Local Court of NSW

Usually, you will have to pay your own legal costs in a property settlement matter, unless the Court orders the other party to pay your costs.

The Court can order that one party pay some or all of the other party's legal costs. If ordered, the Court will usually direct a person to pay party-party costs (when one party is ordered to pay the fair and reasonable legal costs of the other party). These costs do not cover all of the costs a lawyer might charge their client. For more information, see Family Law: Costs on the Federal Circuit and Family Court of Australia website.