A property settlement in Queensland is the process of dividing the assets and debts of a couple after they separate. It is worked out under the Family Law Act 1975 (Cth), the federal law that applies across Australia, and it covers both married couples and most de facto couples, including many couples on the Gold Coast who never married.
Separation is stressful, and uncertainty about the house, the savings and the debts often makes it harder. Understanding the framework the law uses can take some of that uncertainty away, because the steps a court works through are now set out plainly in the legislation rather than pieced together from case law.
That framework was updated on 10 June 2025, when changes made by the Family Law Amendment Act 2024 (Cth) took effect. The approach family courts have applied for years is now written directly into section 79 of the Act, together with new provisions on family violence and on who keeps a pet. Many older online guides still describe the previous structure, so it is worth setting out where the law now stands.
What a property settlement actually decides
A property settlement decides how the “property pool” is divided. That pool is everything the couple owns and owes, whether held jointly or in one person’s name: the family home, other real estate, superannuation, savings, vehicles, business interests, inheritances and personal belongings, less the mortgages, loans and other liabilities.
Two things surprise people most often. First, it does not matter whose name an asset is in. What matters is the value of the whole pool and each person’s connection to it. Second, there is no fixed formula and no automatic right to half. The court has a wide discretion to make whatever order is just and equitable on the facts.
The starting point: is any division just and equitable?
Before dividing anything, a court must be satisfied that making an order is appropriate at all. Section 79(2) says the court “must not make an order under this section unless it is satisfied that, in all the circumstances, it is just and equitable to make the order”. This is a genuine threshold, not a formality. In some cases, particularly short relationships where finances were kept separate, the just and equitable answer may be that little or no adjustment is needed.
This is why there is no starting presumption of a 50/50 split. The court begins with the existing legal ownership of the property and alters it only to the extent that is fair, given the whole history of the relationship.
The four-step framework now written into the Act
The process is often described as a four-step framework. Since 10 June 2025 those steps map directly onto the words of section 79:
| Step | What the court does | Where it sits in section 79 |
|---|---|---|
| 1. Identify the pool | List and value the assets, superannuation and liabilities of each person and of the couple together. | s 79(3) |
| 2. Assess contributions | Weigh financial and non-financial contributions, and contributions as homemaker or parent, across the whole relationship. | s 79(4) |
| 3. Assess current and future circumstances | Consider age, health, income, earning capacity, care of children and future needs. | s 79(5) |
| 4. Check the overall result | Stand back and confirm the proposed division is just and equitable in all the circumstances. | s 79(2) |
The steps are not a rigid mathematical formula. A court weighs contributions and future circumstances together and arrives at a division, in percentage terms, that reflects the whole picture. Two families with similar assets can fairly end up with quite different outcomes.
What changed on 10 June 2025
The headline change is that the framework is now codified. The forward-looking factors that lawyers once reached by cross-referring to another part of the Act are now listed in full inside section 79, in subsection (5). The destination is much the same, but the law is easier to follow, because contributions in section 79(4) and current and future circumstances in section 79(5) are set out one after the other.
Two further changes matter. Family violence is now named expressly as something the court must weigh, which we explain below. And a new set of provisions deals with companion animals, letting a court decide who keeps a pet by reference to who cares for it and pays for it, rather than treating the pet like an ordinary asset to be valued and traded off.
How family violence now affects a property settlement
The 2024 changes put family violence squarely into the analysis in a way the old wording did not. Section 79(4)(ca) requires the court to consider the effect of family violence by one party on the other party’s ability to make contributions. Section 79(5)(a) requires the court to consider the effect of family violence on a person’s current and future circumstances.
Family violence is defined broadly in section 4AB as behaviour that coerces or controls a family member, or causes them to be fearful. It expressly includes economic or financial abuse, such as controlling access to money or running up debts in the other person’s name. So a person who was prevented from working or studying, or whose finances were controlled, can now point to that as directly relevant to how the pool is divided.
De facto couples: the same framework under section 90SM
De facto couples are covered by an equivalent provision, section 90SM, in Part VIIIAB of the Act. Its structure mirrors section 79: the same just and equitable threshold, the same step of identifying the pool and the liabilities, and the same two lists of considerations for contributions and for current and future circumstances, including the family violence provisions. The 10 June 2025 changes applied to de facto couples as well.
The main practical differences for de facto couples are proving that the relationship was in fact a de facto relationship, and a shorter time limit, which we turn to next.
Time limits: twelve months and two years
Property settlement has strict deadlines, and missing one can mean needing the court’s permission to proceed at all.
For married couples, section 44(3) generally requires an application to be brought within 12 months after a divorce order takes effect. For de facto couples, section 44(5) sets a limit of two years after the relationship ends. If a deadline has passed, section 44(4) and section 44(6) allow the court to grant leave to apply out of time, but only in limited circumstances, such as where real hardship would otherwise result. It is far safer not to rely on that discretion, and to get advice well before the deadline.
Making it final: consent orders and financial agreements
Reaching an agreement is only part of the job. An informal agreement, even one in writing, does not stop a former partner coming back for more later, and it will not be recognised by banks or the titles registry for transferring the home.
There are two ways to make a settlement binding. The first is an application for consent orders, where the court checks that the agreed division is just and equitable and then makes orders that are enforceable. The second is a financial agreement, sometimes called a binding financial agreement, which the parties make privately, with each person receiving independent legal advice. Which path suits you depends on your circumstances, and it is worth getting advice before signing anything.
Published 13 July 2026.
Where this leaves you
The framework gives structure, but every settlement turns on its own facts: the size and make-up of the pool, what each person contributed, and what each will need going forward. The law now sets out the questions clearly, yet the answers still call for careful judgment. Getting advice early, and well within the time limits, gives you the clearest path to a fair result without unnecessary conflict.
Related reading
- Separating in Queensland: do you have to go to court to divide property?
- How Fraser Lawyers helps with property settlement
- Fraser Lawyers family law services
- Family Law Act 1975 (Cth): current compilation on the Federal Register of Legislation
Need advice? Property settlement follows a clear framework, but it has strict time limits and turns on the details of your relationship. If you are working through a separation, contact Fraser Lawyers to understand the framework and where you stand, with no obligation. |
This article is general information only and is not legal advice. Queensland law and the figures referred to can change, and every situation turns on its own facts. Contact Fraser Lawyers for advice specific to your circumstances.
If you would like to discuss your matter, you can book a consultation or call (07) 5554 6116.
