Dividing property, finances and superannuation after separation
Separating couples often need to engage with the family law system to legally separate and divide their property so they can move forward with their lives. This page contains information about divorce and dividing your property after separation.
The Family Law Services and Support Fact Sheet has information on where to access family relationship, alternative dispute resolution, legal and family violence services, as well as services that support people’s wellbeing. Some of the services are also available to family members and friends of couples experiencing relationship issues. The fact sheet also includes web links to useful websites that have further information about family law.
Divorce
If you were married, you may wish to seek a divorce order. Remember that divorce is an entirely separate process to property proceedings. Please visit the relevant court’s website for more information:
The Family Court of Western Australia is for residents of Western Australia. If you are unsure which law applies to you or which court is the correct court for your family law matter, you should contact a lawyer.
Information about dividing your property and finances after separation
We have published the following guides to help couples divide their property and finances without going to court:
Separating with Debt: a Guide to Your Legal Options
This guide has practical information and options to help separating couples to proactively manage debts in the context of a relationship breakdown.
A Guide to Dividing Your Property and Finances after Separation
This guide has information for separating couples about the options for resolving their property arrangements, from an informal agreement through to filing consent orders with the court and litigating the matter in court.
amica
amica is an online dispute resolution tool for couples whose separation is relatively amicable and they can resolve their family law disputes with minimal assistance. amica can assist you to resolve property and parenting issues. Visit amica.gov.au to find out more about this tool and whether it is suitable for your needs.
Superannuation
Superannuation is an increasingly significant asset for Australians.
Superannuation is treated as property under the Family Law Act 1975. When a couple separates, superannuation is included in the pool of assets and liabilities. Superannuation splitting laws allow it to be divided between the couple. Visit Superannuation splitting to find out more.
Changes to the law
The Family Law Amendment Act 2024 (Amendment Act) was passed by the Australian Parliament on 29 November 2024 and has commenced.
The Amendment Act makes significant changes to the framework for resolving the property and financial aspects of relationship breakdown.
The key changes that impact couples seeking to resolve their property and financial matters include:
- making clear that the effect of family violence is a relevant consideration in determining the division of property and finances following breakdown of a relationship
- expressly capturing ‘economic or financial abuse’ within the definition of family violence, and identifying dowry abuse as an example of conduct that might constitute economic or financial abuse
- specifying the approach the family law courts will take when making decisions about the division of property
- providing a new framework for determining ownership of family pets in property settlements
- giving the family law courts discretion to use the less adversarial approach in property and financial matters, enhancing their ability to direct proceedings and manage evidence – particularly where there may be family violence
- elevating the duties of financial disclosure from the family law rules into the Family Law Act, to support parties to better understand their obligations and improve compliance.
It also makes a range of other changes to enhance the operation of Australia’s family law system, including to safeguard sensitive information in family law proceedings.
We have published information for separating couples and family law professionals on these changes: