What is a Property Settlement Agreement?
A Property Settlement Agreement contains the agreed terms to divide property between you and your former partner following separation. This includes assets, liabilities and superannuation.
When Can I Get A Property Settlement Agreement?
You can finalise a property settlement agreement as soon as you and your former partner have decided to separate i.e. end your relationship.
What if we are still living under the same roof?
You can be living under the same roof but still be considered ‘legally separated’. You do not need to be living in separate households; however, your relationship does need to have ended.
What are the deadlines for obtaining a Property Settlement Agreement?
The Family Law Act 1975 (Cth) provides some “deadline dates” depending on whether you were married or in a de facto relationship. There are some exceptions however, the general rule is:
For married couples: You have 12 months from the date your divorce* comes into effect to make an application for a Property Settlement.