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Family law · Property

Property settlement after separation

There is no 50/50 rule, and anyone who tells you otherwise is guessing. A property settlement looks at what each of you brought in, what each contributed during the relationship — including as a homemaker and parent — and then at each person's future needs. Time limits apply: twelve months from a divorce becoming final, two years from the end of a de facto relationship.

Part of our Family law practice.

How we help

What we help with

The process

How it works

Establish the pool

Everything each of you owns and owes, disclosed properly. Full disclosure is an obligation, not a courtesy.

Value the contributions

Financial and non-financial, at the start, during and since. This is where most of the argument actually lives.

Adjust for future needs

Earning capacity, health, age, and who the children live with — then negotiate on a realistic range rather than a hoped-for one.

Common questions

Good to know

Is it split 50/50?

No. There is no starting presumption of equality. The outcome depends on contributions and future needs, and the realistic range is usually narrower than either party first expects.

Does it matter whose name the house is in?

Much less than people think. The pool includes assets in either name, and in some cases assets held by companies or trusts.

We were never married.

De facto couples are dealt with under the same framework, with a two-year time limit from separation. The threshold question is whether a de facto relationship existed, which is itself sometimes disputed.

General information only — for advice about your situation, book a consult or call us.

Dividing property? Get a realistic range before you negotiate.

Speak with a family lawyer across Victoria — book online, or call us.