Dividing property

After you have separated or divorced, you will usually need to make arrangements about your property and finances. You might be able to work out how to make a property settlement with your former partner through private negotiations, or perhaps at family dispute resolution.

All property from the relationship can be divided, including superannuation in some cases. It makes no difference who 'owns' the property, who bought it, or who used it.

If you can’t reach an agreement, you may be able apply to the Family Court for a decision about how the property from the relationship should be divided.

This information will help you to understand what you can do about dividing property after separating from your partner.  Find out:

  • what help and resources are available about property settlements
  • how people can make agreements to divide property and finances after separation
  • how the court decides what is a 'fair and just' property settlement, and
  • what happens in Family Court cases about property orders.


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.