Property Settlement Orders

The Court can make Orders in relation to the division of property following separation of a married couple. Following final separation, parties can obtain Court Orders in relation to how the asset pool of the parties is to be divided. Property Orders can be made by way of Consent Orders if the parties are able to agree, or, by the Court following the issuing of court proceedings.

Property Orders can cover all assets of the parties including:

  • Land/Real Estate
  • Money in banks/financial institutions
  • Vehicles
  • Superannuation
  • Household goods

They also can cover liabilities from the marriage (i.e. credit cards debts, mortgages, personal loans etc).

The Court making the Orders will consider the contributors of both parties, including: financial, non financial contributions, contribution as homemaker and parent.

Defacto partners separated after 1 March 2009 can now apply for property and maintenance orders under the Family Law Act in the same way as a married couple.

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