When people separate, they usually need to sort out how to divide their assets (property) and debts. There are various ways this can be done:
- You and your former spouse or de facto partner can agree on how your property should be divided without any court involvement
- You can seek to formalise your agreement by applying for consent orders in the Family Court, or
- If you cannot reach agreement, you can apply to a court for financial orders, including orders relating to the division of property and payment of spouse or de facto spouse maintenance
There is no automatic 50/50 division of property. Property orders are based on contributions made during the relationship and both people’s future needs. There are many things that must be considered in deciding who gets what property, especially if children need support.