Hi there. When a married or de facto couple separates, the parties are free to reach an agreement on how their assets will be divided between them. If the parties can reach an agreement, there is no need to go to court. However, the parties can apply to court if they want to make the agreement binding, or if the parties disagree on how to divide their property.

There is no set formula used to divide a couple’s property, but the court will consider things such as the direct and indirect financial contributions of each party to the marriage, non-financial contributions, and the future needs of each spouse. The proportion of your share will depend on many factors. In the case of a recent marriage, the court will pay close attention to the property and assets each party brought into the marriage. The court’s decision will be one that the court considers to be just and equitable based on the facts of your case.

Superannuation is treated separately from the rest of the property in a marriage. The law allows parties to value their superannuation and reach an agreement on how to split it, if at all. To split superannuation, each party must first obtain independent legal advice and then apply to court for a consent order that makes the agreement binding. Alternatively, if no agreement on superannuation can be reached, the parties can apply to court for an order splitting the superannuation.

Suggested way forward

Family Relationships Online (www.familyrelationships.gov.au) offers free family dispute resolution services that may be of assistance if you are wanting to avoid court. In any case, you may want to consider speaking to a family lawyer who can advise you of your legal rights and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.