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Financial Settlement after Divorce
25 Apr 2024

A Full Overview of Financial Settlement After Divorce

By Family Lawyers Mackay, 25 Apr 2024

The Intro to Financial Settlement After Divorce in Australia

In Australia, family law governs the financial settlement process after a divorce, so knowing the steps is critical for achieving fairness and equity. This thorough overview discusses the financial settlement after divorce in Australia, including factors to consider, entitlements, property division, essential considerations, and the steps required for a successful settlement.

The Process of Financial Settlement

The Family Law Act 1975 primarily dictates the financial settlement process following divorce in Australia. This legislation establishes how assets and liabilities are divided between separating couples. The first step is gathering relevant economic data, like assets, liabilities, income, and expenses. It would help if you recognised your and your former partner’s financial conditions.

Factors considered in a financial settlement

When the court decides on a financial settlement, it considers several factors. These factors contain the economic assistance made by each party during the relationship, initially and throughout the marriage or de facto couple. The court also considers non-financial contributions, such as homemaking and caring for children. Also, each party’s future essentials, earning ability, age, and health are considered. The length of the relationship and the existence of children are also pertinent factors. It’s vital to mention that there is no selected formula for financial settlement, and each case is estimated based on its merits.


By consulting one of our accredited family law mackay specialists.

What am I Entitled to in a Separation Australia

The family law system acknowledges that each party in separation is entitled to a ‘just and equitable share’ of the marital assets in Australia, 

The system considers various factors when determining the property and assets each person is entitled to. These factors may include each person’s financial and non-financial contributions to the partnership and are considered during the separation.

These contributions may consist of: 

  • Household responsibilities 
  • Giving birth 
  • The growing up of any kids 
  • Technical or vocational abilities used throughout the collaboration

After the partnership terminates, you and your ex-partner have the right to live in the shared home, regardless of whose name is on the rental agreement or property title.

Pushing you to exit when the property isn’t in your name is unfair, except if the court orders. These court orders, known as ‘Sole Occupancy Orders,’ are periodic and only issued in extreme cases.

If you’re needed to move out, it won’t impact your entitlement to a share of the property. Your privileges and entitlements accrued during the relationship will stay unchanged.

One person gets to live in the home as the sole occupant until the possessions are split.

You and your ex-partner can enter into a financial arrangement with legal advice from an Australian property settlement lawyer; however, you must seek a legal adviser first.

Part VIIIA (marriages) or Division 4 of Part VIIIAB (de facto relationships) of the Family Law Act 1975 (Cth) displays that a financial agreement is a contract between two or more parties. It contains precise agreements about belongings division, finances, liabilities, superannuation, and spousal maintenance.

How Long After Separation Can You Claim Property Australia?

The type of relationship fixes the time limit, for example, married couples or de facto partners. The Family Law Act 1975 (Cth) (‘Family Law Act’) sets a time limit for someone looking for orders (contested or consent) for the division of belongings or maintenance for spouses. The time frame for de facto couples is one year from the date of a divorce order or two years from the date of separation.


By consulting one of our accredited family law mackay specialists.

The Four-Step Process to Family Law Property Settlements

Step 1: Identify and analyse the property pool. This involves identifying and assessing assets, liabilities, superannuation, and other financial resources held in joint and individual names.  

Step 2: Determine the parties’ contributions to the marital/relationship property.  

Step 3: Determine whether either party requires any future components.  

Step 4: Determine what outcome is most likely, just, and equitable.

Property Settlement After Divorce

When you separate, you’ll want to know the portion you’ll receive from your divorce property settlement. The Family Law Act of 1975 permits courts to alter property ownership if they deem it fair. When driving such decisions, courts must evaluate various factors, including each party’s contributions to the belongings and future necessities. The courts must weigh each party’s financial and non-financial contributions to the assets.

Steps to take for a successful financial settlement

Careful preparation and anticipation are vital for a fair financial settlement after a divorce. These are the steps to follow:

  • Assemble every relevant financial information, such as debts, earnings, resources, and expenditures.
  • Speak with a reputed family lawyer for legal guidance.
  • Think about attending mediation or participating in negotiation to reach a settlement agreement.
  • If you can’t reach an agreement, consider alternative conflict resolution techniques like arbitration or collaborative law.
  • If all other possibilities fail, you may need to file a lawsuit to fix the difficulty. A lawyer will help you with this legal procedure.

By heeding these instructions and getting an attorney, you can handle the financial settlement strategy and get a fair and equitable solution.


In Australia, handling the post-divorce financial settlement procedure can be difficult. Still, proper advice and assistance are necessary for a fair and fair outcome. An adequate settlement depends on recognising the procedure, getting legal advice, and assessing crucial variables. You can begin your debt settlement journey with faith if you avoid typical traps and put your long-term economic safety first. It’s essential to recognise that getting advice from acquainted family law lawyers will help you overcome the process while preserving your rights. With their knowledge, you can deal with the complications of settling your debts and move forward to a more promising future.

Contact Family Lawyers Mackay for professional legal advice and support regarding your financial settlement after divorce.


By consulting one of our accredited family law mackay specialists.


Q. What factors determine financial settlement?

The court analyses aspects, including the length of the wedding, financial and non-financial contributions, and future essentials.

Q. How long does property settlement take?

The total time relies on the complicated issues of the matter and the parties’ eagerness to settle. It may continue for a few months or more than a year.

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