Breaking up is hard enough without needing a background in law to figure out what comes next. If you’re ending a marriage or leaving a long-term relationship, sorting out who gets what is a big part of the process.
In Australia, separation settlements legally divide property, assets, debts, and even future financial responsibilities after a relationship ends, and it includes de facto couples, not just those who’ve been down the aisle.
Whether you’re still in the thick of it or have already gone your separate ways, talking to a separation settlement lawyer in Boronia or an experienced de facto relationship solicitor in Melbourne can help you avoid messy mistakes and get on with your life.
What Is a Separation Settlement?
A separation settlement is the formal process of working out who gets what after a couple breaks up. It covers things like:
- Property (houses, cars, savings)
- Superannuation
- Investments
- Debts
- Business interests
- Spousal maintenance (in some cases)
It’s about fairly dividing everything you built or bought together during the relationship.
This isn’t just a problem for married people, de facto couples (including same-sex couples) who have lived together for two years or more, or have children together, are also covered under Australian family law. That means even if you never had a wedding, you’ll likely need a separation settlement when you split.
How Does It Work?
The process can feel tricky, but it’s usually broken down into these main steps:
Work Out What’s In the Pool
This means identifying all the assets and debts you and your ex-partner have both jointly and separately. Everything from home loans and credit cards to superannuation balances and crypto wallets.
Full financial disclosure is required, so hiding anything can lead to legal trouble in the future.
Assess Contributions
The court (or your lawyers, if you’re settling privately) will look at what each of you contributed to the relationship including financial contributions like income or property, and also non-financial ones like looking after kids or renovating the family home.
Consider Future Needs
What happens next also depends on things like your age, health, earning capacity, and whether either party will continue caring for children. It’s about ensuring both people are set up for a fair future.
Reach an Agreement or Go to Court
If you and your ex can agree, you can formalise the deal with a Binding Financial Agreement (BFA) or apply for Consent Orders from the Family Court. This keeps things legally binding without dragging it through a courtroom.
If you can’t agree, that’s where legal advice from a separation settlement lawyer becomes vital. They’ll help you deal with court proceedings and aim for the fairest outcome.
What About De Facto Relationships?
In Australia, de facto relationships are recognised under family law when:
- You’ve lived together for two years or more
- You have a child together
- You’ve registered your relationship
- You’ve financially supported one another
Once you break up, you have two years to make a claim for a property settlement or spousal maintenance and if you miss that window, and you may lose your legal rights.
Do You Have to Go to Court?
Not necessarily. Many people settle out of court through negotiation or mediation. It’s cheaper, faster, and way less stressful. If you can’t agree or if one person is being unreasonable court might be your best option. Either way, having legal support helps you make informed decisions and protect your financial future.
Why Legal Advice Matters
You might think you don’t need a lawyer because things are friendly, but the truth is, even the most amicable breakups can get messy when money, property, or kids are involved.
A local separation settlement lawyer or de facto relationship solicitor knows the ins and outs of the system and how to help you move on without drama. Separation settlements are here to help you set up your future post separation and knowing your rights and your responsibilities makes a massive difference.
Breakups are hard but sorting out your settlement doesn’t have to be. Get the right advice will allow you to take that first step toward moving on with confidence. Schedule and appointment with the team at Robert Wood and Associates today online or by calling 03 9762 3877 today.
