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Educational guide

Understanding Property Settlement

A friendly overview of how Australian family law often approaches dividing property. It's a guide to help you prepare — not a formula and not legal advice.

General education, not legal advice. This guide reflects the property reforms commencing 10 June 2025 and is subject to legal review. Applicable law, transitional provisions and jurisdiction can differ, particularly for Western Australian de facto relationships.
  1. 1

    Identify & value the property pool

    Work out what each person owns and owes — together and separately — and what each item is worth today. This includes superannuation, which is treated differently because it's usually not accessible yet.

    • Include property held jointly or separately, savings, businesses, investments, vehicles and super, as well as debts. Whose name is on an asset does not alone determine the outcome.
    • Use supporting statements and valuations. Identify unknown and disputed values rather than assuming agreement. Avoid deducting a mortgage twice when a property is already valued net of debt.
    • Full and frank financial disclosure is an ongoing obligation. Keep information current as values and circumstances change.

    Example: a home worth $900k with a $480k mortgage adds $420k of net equity.

    See your pool
  2. 2

    Consider contributions

    Contributions can be financial (income, initial assets, gifts and inheritances) and non-financial (renovating, homemaking, parenting). Caring for a home and children is recognised as a real contribution.

    • Look at what each person brought in, financial support during the relationship, gifts and inheritances, and non-financial work on property or a business.
    • Homemaking and parenting are expressly recognised contributions. They do not become less important simply because no wage was paid.
    • Timing, duration and context matter. Under the reforms commencing 10 June 2025, the economic effects of family violence on contributions are expressly relevant.

    Example: one person earned more; the other was the main carer for three years. Both are contributions.

    Note your contributions
  3. 3

    Current & future circumstances

    Things like age, health, income and earning capacity, care of children, housing, and the effects of family violence may be relevant to what's fair going forward.

    • Consider income and realistic earning capacity, age and health, available financial resources, commitments and housing needs.
    • Ongoing care of children may affect expenses, housing and opportunities to work. Substantial or full-time care may be relevant, but there is no fixed adjustment for a number of nights or a parenting role.
    • The relationship's impact on earning capacity and economic effects of family violence may matter. Practical evidence helps explain needs; it does not create an automatic entitlement.

    Example: someone returning to work after a long career break may face lower earning capacity.

    Note your circumstances
  4. 4

    Is the outcome just & equitable?

    Finally, the whole proposed result is stepped back from and looked at as a whole: is it fair in all the circumstances? This is a judgement, not a formula.

    • Whether any order is just and equitable is a requirement throughout the assessment, not just a final tick box. The four themes are a preparation guide, not a rigid calculator.
    • Check the practical outcome: accessible funds versus preserved super, housing, debt repayments, tax, transfer costs and whether a person can refinance.
    • Comparable cases can help a lawyer analyse legal principles, but a result from another relationship is not a reliable percentage template for yours.

    Example: a scenario that leaves one person unable to house the children may not feel fair overall.

    Explore scenarios

Super is part of the picture

Super splitting & finding the missing information

Super can be considered alongside other property, even when only one person’s name is on the account. Splitting generally moves an interest within the super system; it does not normally release cash to spend today. Defined-benefit interests and some other funds need specialist valuation. A balance alone may not be enough to work out a proposed split.

Know the fund? Ask the trustee

You may be able to request your spouse’s super information directly from the fund without asking them to provide a statement. The Court’s Superannuation Information Kit includes a Form 6 declaration, an information request and forms for the trustee. This is a limited family-law process for eligible applicants, not general access to another person’s accounts.

  1. Contact the fund to check its requirements, identifying details and any fee.
  2. Read the kit, confirm eligibility and complete the declaration and request accurately. Ask a lawyer if your status or purpose is unclear.
  3. Send the request to the trustee as instructed, not to Unpool. Request an up-to-date value and relevant fund details.
Get the official Form 6 & Superannuation Information Kit →

Don’t know the fund? Check the court pathway

If you are a party to current property-settlement proceedings in the Federal Circuit and Family Court, you or your lawyer can use the approved request in the Commonwealth Courts Portal to ask for information held by the ATO. This is not a search available simply because you have separated.

The response is available to all parties and their representatives in those proceedings, so it is not a private search. It can identify fund interests, but may not provide current balances; follow up with the fund for current information. Ask about the applicable process if your matter is in another jurisdiction.

Before you agree to a split

Check valuation, fund-specific rules, costs and how the split can be implemented. The trustee must be given procedural fairness before a splitting order is made. Consent orders or a complying financial agreement have formal requirements; an allocation saved in Proposal Lab does not instruct a fund or make a split legally effective.

Court fact sheet: superannuation splitting →
Missing super is unknown, not zero. Keep it marked unknown in your property pool until you have reliable information. Unpool does not access fund accounts, lodge these forms or verify legal eligibility.

What is left after a sale?

CGT, commission & sale fees

A sale price is not the same as the money available to divide. Check the debt payout, selling expenses and any tax consequences before comparing selling with keeping or transferring an asset.

Capital gains tax (CGT)

Selling property, shares or other investments may create a taxable capital gain. CGT is generally part of income tax, not a flat percentage of the sale price. The cost base, ownership, use of the asset and available exemptions or discounts all matter.

A main residence may qualify for an exemption, but rental or business use and other circumstances can change this. Some relationship-breakdown transfers qualify for rollover relief; this can defer a gain rather than remove future tax. Ask a registered tax adviser to check both a sale and a proposed transfer.

Agent commission

Get a written quote stating whether commission is a percentage, fixed fee or tiered amount, whether GST is included, and when it becomes payable. Marketing and auction fees may be charged separately. There is no single commission rate that fits every sale.

Other sale fees

  • Advertising, photography, styling and auction costs.
  • Conveyancing or legal fees and settlement adjustments.
  • Mortgage discharge fees and any loan break costs.
  • Repairs, compliance checks or other agreed sale expenses.

Keep the mortgage principal payout separate from fees. Check what each quote includes so the same expense is not deducted twice.

Proposal Lab’s estimated sale-cost percentage is a working allowance for selling expenses on assets marked Sell—not a CGT calculation. CGT is not separately calculated or automatically included. Unknown tax or fees remain unresolved; they should not be treated as confirmed zero.
ATO · Capital gains tax guidance ↗Explore sale scenarios

General education only, not tax or legal advice. Obtain current quotes and advice specific to your circumstances before relying on net proceeds.

Care, contributions & the bigger picture

Past parenting is a contribution; ongoing care also affects future circumstances. Both deserve context. A visual balance can remind us to consider different factors, but it cannot show how much legal weight they carry or calculate a suggested split.

Questions that often come up

Does it always start at 50/50?

No. There is no automatic equal split and no fixed extra percentage for parenting, income or relationship length. The law requires assessment of the whole situation.

Is super the same as cash?

No. Super is usually considered in property settlement, but a split generally transfers an interest within the super system rather than making it available to spend now. Specialist valuation and trustee requirements may apply.

Does a proposal become binding when we agree?

Not automatically. Consent orders and financial agreements have different requirements. Independent legal advice can help you choose an appropriate way to formalise an agreement; financial agreements require independent legal advice.

Are there time limits?

Generally, married couples must apply within 12 months after a divorce becomes final; eligible de facto couples generally within two years of separation. Exceptions and jurisdiction rules apply. Seek advice early, including for Western Australian de facto matters.

Is mediation always the next step?

Dispute resolution may help where safe and suitable. Family violence, urgency or other circumstances can affect suitability and procedural requirements. You can ask about separate rooms, remote attendance and support without disclosing private details to the other party.

Can AI predict my division?

No reliable range comes from a single factor or a short questionnaire. AI can miss context, misread evidence or cite incorrect law. Use educational commentary to prepare questions, not replace individual legal advice.

Bring to your advice appointment

  • A current property and debt list, including unknown or disputed values.
  • A timeline of financial, homemaking and parenting contributions.
  • Practical care, income and housing needs for the next few years.
  • Questions about refinancing, tax, super and making an agreement binding.

Official starting points

Check current guidance and obtain advice on the law that applies to your situation. Unpool has not assessed your legal entitlements.

Useful resources & people to talk to

A starting point for Queensland families. Services have their own eligibility, fees, availability and safety assessments; a link is not a promise of representation.