How is property divided after separation in Australia?

General information from Lawmateanz

Under the Family Law Act 1975, there's no automatic 50/50 split. The court considers what each person contributed, their future needs, and whether the outcome is just and equitable.

Contributions include financial and non-financial contributions, such as caring for children. The effects of family violence can also be considered.

Applications must generally be made within 12 months of a divorce, or two years of a de facto relationship ending.

Many couples reach agreement through negotiation or mediation and formalise it with consent orders. Legal aid commissions can help.

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