What counts as property
Property includes assets, which are things owned, and liabilities, which are money owed, whether held individually, with another person, or by a family trust or family company. Legal Aid Queensland lists what a property settlement may include:
- real estate, including the family home
- money in cash or bank accounts, investments, shares and insurance policies
- inheritances and superannuation
- cars, furniture and jewellery
- debts, including mortgages, loans, credit cards and personal debts.
Superannuation is treated as property under the Family Law Act 1975, and splitting laws allow it to be divided between a couple. The court treats family pets as property too, and it cannot make orders for shared or joint ownership of a pet.
The four steps
The Attorney-General’s Department sets out what the family law courts must do when considering a property matter, and says couples negotiating outside court should follow the same process.
- First
Identify the property and debts
All property and liabilities of both parties.
- Second
Assess contributions
What each party put in, both to the property pool and to the welfare of the family. The court’s examples include wages and property each person had at the start, gifts and inheritances, renovations or running a business, and caring for children and doing housework.
- Third
Assess current and future circumstances
Things like how old and how healthy each party is, and what any children need for their care and housing.
- Fourth
Make only just and equitable orders
Orders that are, in all of the circumstances, just and equitable. The court describes this as fair according to the law, based on the unique facts of the case.
Two things the official pages say plainly. Legal Aid Queensland says the law does not look at who left the relationship. And the court says nobody can promise what the judicial officer will order, but an experienced family lawyer can often give you a likely range from the facts of your case. A settlement will probably be different from others you may have heard about.
Family violence and property, since 10 June 2025
The Attorney-General’s Department’s fact sheet says: “From 10 June 2025, the economic effect of family violence must be considered, where relevant, when making decisions about property and finances after separation.” The changes also make clear that economic or financial abuse may be family violence, for example where one person controlled all of the finances or spending.
The department also lists what the changes do not allow the family law courts to do: sentence someone for family violence, order compensation for harm caused by it, or make or change an order protecting someone from family violence. Those belong to state and territory courts.
The new law covers every case, whether new or already under way, unless its final hearing has begun, and that holds even if the application was filed before 10 June 2025. Existing financial or property orders do not change.
Married or de facto
Legal Aid Queensland says that under the Family Law Act, de facto couples, same-sex couples among them, have the same property and spousal maintenance rights. The court must first be satisfied that a genuine de facto relationship existed and broke down, that there is a geographical connection to a participating jurisdiction (every state and territory except Western Australia), and that at least one of these applies:
- the relationship lasted at least two years
- there is a child of the relationship
- the relationship is or was registered under a state or territory law
- one party made significant contributions to the other’s property and not making an order would result in a serious injustice.
Married couples can apply for property orders even before they are divorced.
The time limits
| Relationship | Apply within |
|---|---|
| Marriage | 12 months of the divorce order taking effect |
| Marriage declared a nullity | 12 months of the decree of nullity being made |
| De facto relationship | Two years of the relationship breaking down |
To start out of time, a person must ask the court for leave, and the court says leave is not always granted. The practice direction adds that proceedings can also start out of time if both parties consent. The time limits do not cover an application that asks only for the court to declare property interests a person already holds, or to change, cancel or bring back property settlement or maintenance orders already made.
Agreeing without a hearing
A couple who agree do not need to go to court, but the court suggests documenting the agreement in one of two ways the Family Law Act provides.
Consent orders
Orders both people agree on and ask the court to formalise, without going to court. They are legally binding, and once made, final orders can be changed only in limited circumstances. The court will not make them unless the arrangement is fair to both sides, Legal Aid Queensland says.
A financial agreement
A contract under the Family Law Act. The court says you cannot enter into one without first getting legal advice from an Australian lawyer.
If proposed consent orders include a superannuation splitting order, the trustee of the fund has to agree too. The practice direction requires the trustee to be notified at least 28 days before the application is filed, unless the trustee consents in writing. The department’s guide to dividing your property and finances covers the options from an informal agreement through to court.
Smaller property pools
Cases seeking financial orders only, where the net value of the property excluding superannuation is, or is likely to be, less than $550,000, may meet the criteria for the court’s Priority Property Pool pathway. It aims to find the simplest, quickest and most cost-effective way to finalise the case.
Fees, as at October 2026
Fees are set by federal regulations and apply from 1 July 2026. A selection of the court’s family law fees:
| Application or event | Fee |
|---|---|
| Application for consent orders | $215 |
| Initiating Application, financial, final orders only | $455 |
| Initiating Application, financial, final and interim orders | $610 |
| Response to initiating application (final) | $455 |
| Conciliation conference | $510 |
People who hold certain government concession cards or are experiencing financial hardship may be eligible for a reduced fee or a fee exemption. The full list is on the court’s family law fees page.
Divorce is a separate track
The court says divorce is a completely separate process to financial or property proceedings, and its divorce pages explain it. Child support is generally dealt with separately from a property settlement too.
Legal Aid Queensland cannot tell you how much property you may receive in a settlement, but it may give legal advice on property and financial agreements. See legal aid and free help in Queensland, and before you file for the steps required before a property application.