Family Law · Sydney & NSW
Dividing property and debts after separation can feel overwhelming. From our Marrickville office, we explain your options in plain terms, help you work towards an agreement and make it legally binding, and act for you in court if that becomes necessary.
4.9★
As at October 2026
30+
years in legal service
Supplied by CM Lawyers
Google rating as at October 2026. Years in legal service supplied by CM Lawyers.
Property settlement
When a marriage or de facto relationship ends, dividing what you own and owe is often one of the hardest parts. We advise you on property settlement and help you work towards a fair outcome, whether by agreement, through mediation or, if needed, in court.
A property settlement deals with the property and debts of either or both of you, whoever’s name they are in. It can include property owned before the relationship or acquired after separation, such as:
After that, you can apply only if you both agree or the Court gives permission, which is not always granted. You do not have to wait for a divorce to deal with your property. If a time limit is close, please call us on (02) 9557 9000.
When to talk to us
You don’t need to have everything worked out before you get in touch.
You want to understand where you stand on the home, money and superannuation before you agree to anything.
You want your agreement made legally binding, as consent orders or a binding financial agreement.
You want advice on the likely range of outcomes and help negotiating or preparing for mediation.
You want help getting full financial information from your former partner.
Your divorce became final almost a year ago, or your de facto relationship ended almost two years ago.
You need advice promptly about what they mean and how to respond.
If you are worried about your safety
If you or your children are in immediate danger, call 000.
For free, confidential support 24 hours a day, 7 days a week, contact 1800RESPECT: call 1800 737 732, text 0458 737 732, or use online chat at 1800respect.org.au.
When you contact us, tell us the safest way and time to reach you.
How it is decided
There is no fixed formula and no automatic 50/50 split. The Family Law Act 1975 sets out the approach the Court takes. In broad terms, the Court:
We will assess your situation and advise you on the likely range of outcomes, in plain terms.
The Family Law Amendment Act 2024 changed the property law from 10 June 2025. The changes apply whether your settlement is decided by the Court or negotiated outside court. Among other things:
How it works
Every matter is different, but most follow a similar path. Going to court is usually the last step, not the first.
We listen to what has happened, explain your options, the time limits and the likely steps, and talk about costs. Before work begins, you receive a written estimate of costs.
We help you collect the documents needed and exchange financial information with your former partner, so you both have a complete picture of the property and debts.
We negotiate on your behalf and, where it is safe and suitable, prepare you for mediation and advise you during it. We act for you, not as the mediator.
We prepare consent orders for the Court to approve, or a binding financial agreement.
If agreement is not possible, or the matter is urgent or unsafe, we can file an application and act for you in the Federal Circuit and Family Court of Australia, including preparing affidavits and evidence.
Before you file an application asking the Court to decide a property dispute, you are generally expected to take genuine steps to resolve it first, unless an exemption applies (for example, where there are allegations or a risk of family violence, or the matter is urgent).
Married and de facto couples
Once your divorce becomes final, you generally have 12 months to apply to the Court for property orders. After that, you can apply only if you both agree or the Court gives permission, which is not always granted. You do not have to wait for a divorce to deal with your property.
In NSW, separated de facto couples, including same-sex couples, can generally have their property dealt with in the same way as married couples. Proving a de facto relationship can sometimes be difficult. You may be eligible to apply for a property settlement if:
An application to the Court must generally be made within two years after the relationship ends. After that, you need your former partner’s consent or the Court’s permission, which is not always granted. We can help you work out whether you are eligible.
Mediation and court
We encourage clients to consider mediation as a first step. Mediation is usually less expensive and faster than going to court, and it lets you both keep control over the outcome. It is a private process, where discussions are generally kept confidential.
Mediation may not be appropriate or successful in some cases, especially where there is a history of family violence, a significant power imbalance, or one person refuses to cooperate. In those situations, we can file a court application for you, prepare your case, including affidavits and evidence, and represent you in the proceedings.
Making it final
To make an agreement legally binding, it is usually formalised in one of two ways.
You apply to the Court together for orders on the terms you have agreed. The Court makes the orders if it is satisfied they are just and equitable. Applying for consent orders does not normally mean attending court.
A binding financial agreement (BFA) is a written agreement that can be made before, during or after a relationship. It can set out how property and finances will be divided without going to court. For it to be binding, each person generally needs, among other things, independent legal advice before signing, and we can give you that advice. A court can still set a BFA aside in some circumstances, such as fraud or the non-disclosure of a material matter, so it needs to be prepared carefully.
Enforcing settlement orders may require additional legal steps and time, and we can help with that too.
Before your first meeting
Have these with you when we first talk, if you can. Don’t worry if you don’t have everything yet; we will tell you what else is needed.
Once court proceedings about property have started, and while you are preparing for them, each of you has a legal duty to give full and frank disclosure of all relevant financial information and documents, so it helps to start gathering these records early.
Who will help you
Property settlement matters at CM Lawyers are looked after by Christine Manolakos, a solicitor at our office in Marrickville, in Sydney’s Inner West.
Solicitor
Christine advises on property settlement, binding financial agreements, separation and divorce, and parenting arrangements, as well as wills and estates. She will explain your options in plain terms and keep you informed as your matter progresses.
Costs
Our legal costs depend on how your matter is resolved. Reaching an agreement and formalising it usually costs less than going to court.
Before we start any work, we give you a written estimate of our costs.
In family law proceedings, each person usually pays their own legal costs, although the Court can order otherwise in some circumstances. Court filing fees are set by federal regulations and are listed on the Court’s family law fees page.
Questions
No. There is no automatic 50/50 rule. The outcome depends on the property and debts, each person’s contributions, and their current and future circumstances. We can advise you once we understand the details of your situation.
The time varies depending on the complexity of your assets and whether the matter is settled by agreement or goes to court. Matters resolved by agreement are usually quicker than those decided by the Court. We can talk you through the likely timing once we understand your situation.
Once court proceedings about property have started, and while you are preparing for them, each of you has a legal duty to give full and frank disclosure of all relevant financial information and documents. If you think something is being hidden, we can help you ask for documents and, if needed, seek orders from the Court.
No. Many property matters are resolved through negotiation or mediation, and court is a last resort. To make an agreement legally binding, it is usually formalised either by applying to the Court for consent orders, which does not normally mean attending court, or by making a binding financial agreement.
Since 10 June 2025, the Court can make only certain orders about a family pet: that one person owns it, that it goes to another person who agrees to take it, or that it is sold. In deciding, the Court considers matters such as who cared for and paid for the pet, any family violence, and any attachment a child has to the pet.
Related pages
How family law works after separation.
Applying for divorce and what needs to be sorted out after separation.
Working towards an agreement about property without going to court.
When a property dispute cannot be resolved by agreement.
Agreements made before, during or after a relationship.
Property and parenting matters when a de facto relationship ends.
Make an enquiry
Tell us briefly what is happening and how we can help. A short outline is enough; please don’t include confidential details yet. We check that we can act for you before we discuss your matter.
If, for your safety, we should contact you only in a certain way or at a certain time, please say so in your message.
If your matter is urgent, please call us. If you are in immediate danger, call 000.
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Level 3, Unit 3.07
18–30 Faversham Street
Marrickville NSW 2204
You can drive up to Level 3, and two hours’ free parking is available at Wick’s Place.
General information only
This page gives general information about property settlement under the Family Law Act 1975 as it applies in NSW, as at October 2026. It is not legal advice about your situation. The law, Court procedures and fees change, and every situation is different, so please get advice before you act.
Disclaimer: This website provides general information only. Nothing on this site should be taken to comprise legal advice or used as a substitute for detailed and competent legal advice. While the information contained in this website is believed to be accurate and current, it is provided by CMLawyers in good faith on an “as is” basis. CMLawyers, its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in this website.
