Section 79 Family Law Act

Property Settlement Australia

Divide assets, property, and superannuation fairly under Australian family law. Understand the Section 79 four-step process used by courts.

4-Step

Court Process

12 Months

Time Limit

All

Assets Included

The Four-Step Process

Courts use this methodology under Section 79 of the Family Law Act 1975

Step 1

Step 1: Identify & Value Assets

Identify ALL assets, liabilities, superannuation, and financial resources of both parties. Get current valuations.

Real propertyVehicles & boatsBank accounts & cashShares & investmentsBusiness interestsSuperannuationDebts & liabilities

Step 2

Step 2: Assess Contributions

Assess each party's financial and non-financial contributions to the marriage/relationship.

Initial contributions (what you brought in)Direct financial contributions (income, savings)Indirect financial contributions (inheritance, gifts)Non-financial contributions (renovations, business help)Homemaker & parent contributions

Step 3

Step 3: Future Needs Adjustment

Consider factors that may justify adjusting the split based on future needs.

Care of children under 18Age & health of partiesEarning capacity differenceFinancial resources availableLength of relationshipStandard of living

Step 4

Step 4: Just & Equitable Check

The court checks whether the proposed division is just and equitable in all the circumstances.

Overall fairness assessmentPractical considerationsClean break principle where possible

Time Limits

Don't Miss the Deadline

After the time limit expires, you need special permission from the court to apply for property orders. This is not automatically granted.

Married Couples

12 months after divorce is finalised

Court permission needed to apply outside this period

De Facto Couples

2 years after separation

Court permission needed to apply outside this period

Frequently Asked Questions

Is property always split 50/50?

What is the time limit for property settlement?

Do I have to include superannuation?

What about property in my name only?

Can I protect an inheritance?

Calculate Your Property Split

Use our free Property Settlement Predictor to estimate your entitlements based on the Section 79 methodology.