Dividing property

After you have separated or divorced, you will usually need to make arrangements about your property and finances.

All property from the relationship can be divided, including superannuation if you were married. All property is to be considered in a property split - it makes no difference who legally 'owns' the property, who bought it, or who used it.

You may be able to reach an agreement about dividing property, and other financial arrangements, by discussing these matters directly with your former partner, or perhaps by attending Family Dispute Resolution.

If you are unable to reach an agreement with your former partner, you may need to make an application to the Family Court for a decision to be made about how property from the relationship should be divided.

This information will help you to understand what you can do about dividing property and finances following separation. Find out:

  • how people can make agreements to divide property and finances
  • what can be included in a property agreement
  • what steps you need to take before starting a case in the Family Court
  • how the Family Court makes decisions about dividing property
  • what help and resources are available

Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.