Protecting your position starts with understanding it.

A property settlement is the process of determining how property and financial interests are dealt with following separation. This can include real estate, savings, investments, businesses, superannuation, liabilities and other financial interests.



A property settlement can be resolved by agreement between the parties or, where agreement cannot be reached, through court proceedings.

Not always. Many property matters can be resolved through negotiation, mediation or agreement between the parties without contested court proceedings.



Where an agreement is reached, it may be formalised through consent orders or, where appropriate, a Binding Financial Agreement. If agreement cannot be reached, court proceedings may be necessary to resolve the property matter.

A Binding Financial Agreement (BFA) is a formal agreement that can set out how property and financial matters will be dealt with if a relationship ends or following separation. A BFA can be made before, during or after a marriage or de facto relationship.



For a BFA to be binding, each party must receive independent legal advice and other legal requirements must be met.

There is no automatic 50/50 division of property after separation. The outcome will depend on the circumstances of the relationship and the property and financial interests involved.



When determining a property settlement, the Court identifies the parties’ existing property interests and liabilities, considers their financial and non-financial contributions, and takes into account relevant current and future circumstances. Any property order made by the Court must ultimately be just and equitable.

In some property settlements, assets may need to be formally valued where their value cannot be agreed or is uncertain. This can include real estate, businesses, farms and other significant or specialised assets.



Patterson & Co can advise on whether a valuation may be appropriate and the steps involved in obtaining one.

Superannuation can form part of a property settlement and, where appropriate, may be split between parties through court orders, including consent orders, or a Binding Financial Agreement.



Superannuation splitting is subject to specific legal and procedural requirements. Patterson & Co can advise on how superannuation should be considered as part of your broader property settlement and the steps required to formalise any proposed split.

Parties to a property matter are required to provide full and frank disclosure of their financial circumstances. This can include information about income, property, liabilities, superannuation, businesses, trusts and other financial interests.



If relevant information or documents are not provided, there are legal processes available to seek disclosure and, where necessary, orders can be sought from the Court. Patterson & Co can advise on the appropriate steps based on the circumstances of your matter.

Yes. If you were married, an application for property orders generally must be made within 12 months after your divorce becomes final. For de facto relationships, the general time limit is two years from the date of separation.



It may be possible to apply after these time limits in limited circumstances, but permission from the Court may be required. Seeking advice early can help ensure relevant time limits are identified and addressed.

Businesses, companies and trusts may need to be considered as part of a property settlement, depending on the parties’ ownership, interests and control. Their structure, value and the financial interests involved may need to be examined before an appropriate outcome can be determined.



In more complex matters, accountants, valuers or other financial experts may be required to establish the value of a business or examine particular financial structures. Patterson & Co can work alongside these advisers where required as part of the broader property settlement.