If you think that you and your former partner can come to an agreement on how you will divide assets and finances, then you can negotiate directly between yourselves, attend a dispute resolution service, or use lawyers to negotiate for you.

Once you have an agreement you should apply to the court for consent orders.  A consent order will be made once the court makes sure that the property split that you have agreed upon is ‘just and equitable’ (that is, that it is fair to both parties).

Once formalised, the consent orders are legally binding, which means if one party does not comply, they have breached the order. If you need to, you can apply to the court for an order to be enforced.

If you and your former partner can’t agree how to split the property, you can apply to the court for the court to make the orders for you.  This means the court will look at the property you both have, and divide it between you both fairly.

When you separate, it’s important to get legal advice about your rights, and to get an idea of what the law says would be a fair division of your property.

If you get a divorce, you have 12 months from the date of the divorce to apply to the Court for property orders. If you are in a de facto relationship, you must apply for property orders within 2 years of the date of your separation.