About Property Agreements

When a couple separates, it is usual to decide what happens to their shared assets and any outstanding debts such as a mortgage and credit card debt for instance.

• The couple can decide themselves how this will be done without external intervention.
• An agreement can be facilitated by a Family Dispute Resolution Practitioner which then may be taken to a solicitor to be converted to Consent Orders.
• An agreement that is made by the couple can be formalized by applying for consent orders in the Family Court.
• If agreement is unable to take place, an application can be made to the Court for financial orders, including orders relating to the division of property and payment of spouse or de facto spouse maintenance.

About De Facto Relationships

"The Family Court and the Federal Circuit Court can now make orders in relation to financial matters following the breakdown of eligible de facto relationships. Previously these courts would generally only make such orders in cases where the parties were married (except in the ACT and NT). Financial disputes between former de facto partners were generally dealt with by state and territory courts, applying the law applicable in that state or territory.

If you have been in a de facto relationship and are considering making an application to the Family Court or Federal Circuit Court for financial orders, you should read De facto property regime. This frequently asked questions document will give you information about whether or not you are eligible to apply to the Family Court or Federal Circuit Court."

The foregoing information was extracted from the following website. Please visit to find out more on property and finances after separation.

Family Law Courts: Property and finances.

Christine Bennett offers Family Dispute Resolution and Marriage Counselling in Crows Nest, Central Coast NSW and online.