What Am I Entitled to in a Property Settlement?

What Am I Entitled to in a Property Settlement? 

If you’re going through a separation or divorce in New South Wales (NSW), one of the most pressing questions is: What am I entitled to in a property settlement? Understanding your rights is crucial to protecting your financial future — and avoiding costly mistakes. 

At CM Lawyers, our experienced family lawyers in Sydney provide clear, strategic advice to ensure you receive everything you're legally entitled to. Whether you’re in a marriage or de facto relationship, we help you achieve a fair and legally sound property division. 

What Is a Property Settlement? 

A property settlement in Sydney is the legal process of dividing assets, liabilities, and financial resources between separating partners. It applies to both married couples and de facto couples under the Family Law Act 1975. To do this effectively, you need to consult with a Property Settlement Lawyers in Sydney.  

"Property" includes everything of financial value, such as: 

• Real estate (home or investment property) 

• Superannuation 

• Bank accounts 

• Vehicles 

• Shares and investments 

• Businesses 

• Household contents 

• Debts and loans 

If you’ve asked, "What do I get in a property settlement?" — the answer depends on several legal factors. Courts do not divide everything down the middle. Instead, they consider your contributions, future needs, and what is just and equitable. 

Need a Step by Step guide on how to file for divorce?  

Am I Automatically Entitled to 50% of Everything? 

No — property settlements in NSW are not automatically a 50/50 split. The Family Court looks at each case individually using a structured process. Many outcomes are 60/40, 70/30, or some other ratio depending on circumstances. 

How the Court Determines Property Entitlements 

Courts use a four-step process under the Family Law Act to decide how much each person is entitled to:

Step 1: Identify the Property Pool 

All assets and debts must be identified and valued, including: 

• Joint and individual assets 

• Assets acquired before, during, or after the relationship 

• Superannuation 

• Business interests 

• Trusts and inheritances 

The total asset pool includes everything owned by either party, no matter whose name it's in.

Step 2: Assess Contributions 

The court considers both financial and non-financial contributions, such as: 

• Earnings and income brought into the relationship 

• Property or cash contributed at the beginning 

• Gifts or inheritances received 

• Renovation or home improvement work 

• Homemaking and parenting duties 

If you were a stay-at-home parent, you are still entitled to a share that reflects your contribution to the relationship. 

Step 3: Consider Future Needs 

The next step is evaluating each party’s future financial needs, including: 

• Age and health 

• Ability to earn income 

• Responsibility for children under 18 

• Standard of living 

• Access to financial resources (e.g., inheritances or trusts) 

The party with greater needs may be awarded a larger share of the asset pool. 

Step 4: Just and Equitable Outcome 

Finally, the court ensures that the proposed division is fair and equitable in all circumstances. It will weigh up all factors to ensure neither party is unfairly disadvantaged. 

Property Settlement Mediation 

Property settlement mediation is a confidential, cost-effective way for separating couples to resolve financial and asset matters without going to court. With the help of a neutral mediator, both parties can reach a fair agreement that reflects their individual needs and circumstances. At CM Lawyers, we guide clients through the mediation process to help achieve practical and amicable outcomes. 

What Are You Likely Entitled To? 

What you're entitled to depends on the unique facts of your case. However, here’s how the court generally approaches certain situations: 

Note: These are just examples. Every case is different, and outcomes vary. 

Do I Keep Property I Owned Before the Relationship? 

Not necessarily. Property brought into the relationship is counted as a financial contribution, but it becomes part of the property pool and may be divided depending on: 

• The length of the relationship 

• Contributions made by both parties 

• How that property was used 

For example, if you owned a house before the relationship and your partner helped pay the mortgage or renovate it, they may be entitled to a share. 

What Happens to Superannuation? 

Superannuation is treated differently from other assets but can still be split or adjusted during a property settlement. The court can make superannuation splitting orders, especially if there’s a large imbalance between accounts. 

This is particularly important where one party stayed home to raise children and didn't contribute to superannuation for years. 

What About Debts? 

Debts such as mortgages, car loans, credit cards, and tax obligations are considered during settlement. They are usually shared in proportion to each person’s ability to repay and their role in incurring the debt. 

For example, if one partner racked up credit card debt after separation, the other may not be liable. 

Am I Entitled to Spousal Maintenance? 

In addition to property settlement, you may be entitled to spousal maintenance if: 

• You cannot reasonably support yourself 

• Your ex-partner has the capacity to provide financial assistance 

Spousal maintenance can be negotiated alongside property settlement or ordered by the court. 

How to Maximise Your Property Entitlement 

To protect your entitlement and avoid being short-changed: 

• Seek legal advice early – Know your rights before agreeing to anything.

• Gather all financial documents – Bank statements, titles, tax returns, etc.

• Insist on full financial disclosure – Hidden assets can skew settlement outcomes.

• Negotiate, but don’t settle unfairly – Aim for a legally binding and just agreement. 

Do You Have to Go to Court? 

Not always. Many people reach out-of-court agreements through: 

• Family law mediation 

• Private negotiation with lawyers 

• Binding Financial Agreements 

• Consent Orders 

These agreements can still be formalised and made legally binding without going to court. However, if negotiations fail, a court application may be necessary. At CM Lawyers, we assist clients with preparing and lodging court documents, representing them at hearings, and ensuring their rights are protected throughout the legal process. Contact us if you need court assistance regarding Property Settlement! 

Time Limits for Property Settlement 

• Married couples must apply within 12 months of divorce. 

• De facto couples must apply within 2 years of separation. 

Missing these deadlines may result in losing your rights — so don’t delay. 

How CM Lawyers Can Help 

At CM Lawyers, we specialise in family law and property settlement in Sydney and across NSW. Our team of skilled solicitors helps you understand your legal entitlements, negotiate fair settlements, and protect your interests — whether you’re at the start of separation or finalising a court application. 

We work with: 

• Stay-at-home parents 

• High-net-worth individuals 

• Business owners 

• Clients with complex asset structures 

Whether your matter is straightforward or contested, we offer practical, strategic legal support. 

Contact CM Lawyers for Property Settlement Help 

📞 Call us today at (02) 9568 6266 

 📍 Visit us at Marrickville, Sydney 

Don’t guess what you’re entitled to. Speak to CM Lawyers, your trusted experts in property settlement law in NSW. 

Related Pages: 

• How Is Property Divided in Divorce in NSW?

• Divorce Lawyers in Sydney

• Binding Financial Agreement

• Spousal Maintenance Lawyers

• Child Custody & Parenting Orders