Property division after separation isn't split down the middle by default. The court (and any agreement) works through a four-step process: (1) identify and value the whole asset pool — property, super, savings, debts; (2) assess each person's financial and non-financial contributions, including as homemaker and parent; (3) consider future needs — age, health, care of children, earning capacity; and (4) check the result is just and equitable overall.
This applies to married and de facto couples alike. There are time limits: generally 12 months after a divorce is finalised, or 2 years after a de facto relationship ends, to apply.
Most matters resolve by agreement — formalised in Consent Orders or a Binding Financial Agreement — without a courtroom. We help you reach a fair outcome and make it legally binding.
Talk it through with Waters & Co. Lawyers
Free 15-minute phone triage. Call (03) 9408 8832 or book a consult — clear advice, fixed fees where we can.
Book a consultMore on Family & divorce →General information only, specific to Victoria and current as at 2026 — not legal advice. Please contact us for advice about your particular situation.