After separation

How Assets Get Divided After Separation

It’s the whole picture — super, trusts and investments included. We work carefully and transparently so outcomes feel fair and understood.

How Division Is Assessed

Courts consider the asset pool (including super), each party’s contributions (financial and non-financial), and future needs (care of children, income, health). Outcomes must be ‘just and equitable’. We’ll model options in a way that makes sense.

Things to Consider

Disclosure is mandatory; superannuation can be split; time limits apply after divorce or end of de facto; document agreements via consent orders or a binding financial agreement. We’ll keep the paperwork orderly and the tone steady.

What to expect

Gather & value
We identify the full asset pool (including super, trusts/companies) and organise disclosure/valuations without fuss.

Negotiate or mediate
We test options against contributions and future needs, sense-check tax/costs, and aim for a durable agreement that feels workable day-to-day.

Make it binding
We draft consent orders or a BFA and guide implementation (super split, transfers, securities) — so certainty arrives efficiently but firmly.

What we’ll need

• Recent bank, mortgage and super statements.
• Titles/company/trust records (where relevant).
• Valuations/tax returns and any loan agreements.
• Notes on contributions (financial and non-financial).

Timeframes & practicalities

Negotiated matters often settle in weeks to a few months (valuations drive timing). Implementation follows promptly with our checklists and updates — no loose ends.

Frequently Asked Questions

What counts as the ‘asset pool’?

All assets and liabilities of both parties, including superannuation and interests in trusts/companies, less debts.

How do courts decide a fair division?

They consider contributions (financial and non-financial), future needs, and whether the proposed outcome is just and equitable.

Can superannuation be split?

Yes. Super is part of the asset pool and may be split by consent orders or court orders; special rules apply.

Is there a time limit to finalise property?

Yes. Generally within 12 months of a divorce becoming final, or within 2 years of ending a de facto relationship.

Do we have to go to court?

No. Many settlements are reached by negotiation or mediation and made binding via consent orders or a BFA.

What if there are trusts or family companies?

They may be relevant to the asset pool or resources; disclosure and valuations are often needed.

How are inheritances treated?

It depends on timing and how they were used; they may impact contributions or be treated as a financial resource.

Do I need full disclosure?

Yes. Full and frank disclosure is required; lack of disclosure can undermine an agreement or lead to adverse inferences.

Clear guidance. Steady support.

If your situation feels uncertain, you don't have to navigate it alone. We take the time to understand your goals, explain the options in plain language, and help you move forward with confidence.

What you can expect

  • • Calm, clear advice
  • • A practical plan tailored to your goals
  • • Steady updates and responsive communication

More ways we can help