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You can access the translated version of this resource in the following languages:
When you contact Women’s Legal Service Queensland (WLSQ) seeking assistance, you may be advised that we cannot assist. This factsheet sets out the reasons why we may not be able to assist.
Some areas we can provide advice on:
We cannot provide you with advice in other areas of law. This may include…
Community legal organisations such as WLSQ exist to provide assistance to vulnerable and disadvantaged clients.
We are often the first point of contact for women seeking assistance, or their last resort when all other attempts to seek legal assistance have failed.
Women are assessed internally according to eligibility requirements and capacity when they connect with the WLSQ Helpline, receive a legal advice appointment from one of the WLSQ lawyers, or are referred to WLSQ.
Priority will be provided to vulnerable and disadvantaged women, including women who:
a. Are experiencing domestic violence;
b. Identify as Aboriginal or Torres Strait Islander;
c. Are from a culturally or linguistically diverse background;
d. Are living with a disability;
e. Live in a rural, regional or remote area;
f. Are experiencing financial hardship.
Women are assessed internally according to eligibility requirements and capacity when they connect with the WLSQ Helpline, receive a legal advice appointment from one of the WLSQ lawyers, or are referred to WLSQ. Under our eligibility requirements we are unable to provide assistance if:
When you contact WLSQ, you will be asked your full name and date of birth and the names and dates of birth of the other people involved in your matter. We will then conduct a search of our file management system.
WLSQ is a Community Legal Centre that is bound by professional obligations and duties to our clients and the court. This applies to everyone who works or volunteers at WLSQ.
A conflict of interest occurs when our duty to our client conflicts with another duty like a duty to another client or the court. A common example of a conflict of interest is providing legal advice to both parties in a dispute.
WLSQ is bound by professional obligations that state we cannot assist someone where we may have a conflict of interest.
If we identify that a conflict of interest exists, we cannot assist you and we cannot provide you with any information about how or why there is a conflict of interest.
This may mean we have helped you in the past and cannot help you now or that we must abruptly stop helping you.
If we identify a conflict of interest, this does not mean that we do not want to help you. We will refer you to another service who may be able to assist you.
Domestic violence is when someone close to you hurts you. This person could be:
Domestic violence can happen to anyone. It is not a normal part of a healthy relationship.
What is domestic violence?
Legal Myths – Does domestic violence mean I need to prove they physically hurt me?
There are many types of domestic violence.
Physical abuse is when someone hurts you. For example, they might:
Sexual abuse is when someone forces or pressures you to take part in a sexual activity.
Emotional and psychological abuse is when someone makes you feel bad about yourself or afraid.
For example, they might:
Verbal abuse is when someone uses their words to hurt you. For example, they might call you a name or swear at you.
Economic and financial abuse is when someone controls how you get, use or keep money or economic resources.
For example, they might:
Coercive control is when someone uses a pattern of behaviour over a period of time to try and control your life. This behaviour is abusive and threatening. Coercive control can include one type of behaviour or many different behaviours. People who use coercive control might use a type of abuse as their pattern of behaviour. For example, economic and financial abuse.
You can find more information on our factsheet about coercive control.
Someone might threaten to:
Someone might stop you from being independent. Or they might threaten to do this.
Someone might stalk you. For example, they might:
Someone might pressure you to do, or not do, something or act in a certain way.
They might ask another person to do any of these things on their behalf.
If you are experiencing domestic violence, it is important that you get help. You should get help even if you are not sure if you are experiencing domestic violence.
If you are in immediate danger, call 000.
There are services that can support you if you are experiencing domestic violence.
These services can:
You can find local support services on the Queensland Government website.
You can contact DVConnect for support. Call 1800 811 811
You can contact 1800 RESPECT for support. Call 1800 737 732
You can contact us to request free legal advice. This includes advice about what legal protections you can get if you are experiencing domestic violence.
You can call 1800 957 957
There are also other places to get legal advice, including:
If you are not in immediate danger, you can contact police link.
Call 131 444.
You can also go to your local station and talk to someone in person.
You can speak to police about what is happening. This includes showing them any text messages or other evidence you might have.
They may charge the person using violence. They can also apply for protection for you by making:
A DVO is a legal order that a Magistrates Court can make. A DVO is sometimes called a protection order. It tells the person you want protection from that they are not allowed to do certain things or behave in certain ways.
The person you want protection from is ‘the respondent’. The person who wants protection is ‘the aggrieved’.
A DVO requires the respondent ‘to be of good behaviour and not to commit domestic violence’. It can also have other conditions.
For example, a DVO can prevent the respondent from:
A DVO can also do these things to protect your child or another person you want to protect. And it can prevent someone from visiting your child’s school or day care.
If the respondent doesn’t follow the conditions in a DVO, the police can charge them with a criminal offence and the court can punish them.
A respondent is banned from having or applying for a weapons license.
A DVO usually lasts for 5 years.
What is a protection order?
If you are over the age of eighteen (18), you can apply for a DVO if the person who abused you is:
If you are under the age of eighteen (18), you can apply for a protection order if the person who abused you is:
If you are under the age of eighteen (18) you are unable to make an application for a protection order against a parent or family member.
You can apply for a DVO at any local Magistrates Court. It is free to apply.
You can fill out a form online, or in writing.
You can find more information and forms on the Qld courts website.
The court will want to know what you have been experiencing. You might have to explain:
Three things needed for a protection order?
After you fill out the application form and give it to the Magistrates Court, they will give you a court date. The court will also organise for the police to give the respondent a copy of the application. You don’t have to organise this. Be aware that the respondent will read your application.
When you apply, you should ask the court to make a temporary protection order (TPO). A TPO can give you protection as soon as possible and until the matter goes through the whole court process.
The court can make TPOs urgently. Sometimes they can do this before the respondent has a copy of the application. It is important to tell the court registry if you have any concerns for your immediate safety. You should also share if you have any concerns about your safety once the respondent has a copy of the application. And you should include these concerns in your application form.
This can help the court decide how urgent it is to consider your TPO and what conditions you need in your TPO.
There are several ways the respondent might react after they receive a copy of the application.
The respondent can ignore the application and not attend court. If they do this the court can make a TPO or final DVO against them. The court can only do this if your application meets all other legal criteria.
The respondent can attend court and agree to the DVO. This is called consenting. The respondent will usually consent ‘without admissions’. This means they won’t admit to the domestic violence.
The respondent can attend court and ask for more time. This is called an adjournment. If the court decides to adjourn the matter, they will give you a later court date.
The respondent can attend court and ask to fight the application. This is called contesting. The court does not need to remove the TPO if the respondent does this. But they might remove the TPO for other reasons.
If the respondent contests the DVO, the court will arrange a trial. This means you will have to write down all your evidence about why you think the court should make the DVO. If the police make the application for you, they will need to do this. The respondent will have to write down all their evidence about why they think the court shouldn’t make the DVO. You must both do this by a certain date.
After this, the court will give both of you a trial date. During the trial, the court will usually ask both of you questions about your evidence. This is called cross-examination.
You will need to attend each court date to pursue the application. If the police made the application for you, they must attend each court date. If you stop attending your court dates, the court can make the decision without you.
If the respondent also files their own application for a protection order against you, this is called cross-application. If this happens you should get legal advice.
Your TPO or DVO can protect your children if they have experienced or been exposed to domestic violence. When you fill out the form for a DVO, there is a section where you can add the child’s details and ask for certain conditions.
Legal Myths: Is a protection order the same as a parenting order?
A TPO or DVO doesn’t always stop the respondent from seeing your child. You can ask the court to make changes to your TPO or DVO, so that it supports your agreed parenting arrangements.
TPOs and DVOs are not the same as family law orders and they have a different purpose. You should get legal advice about which parenting orders are appropriate.
Yes. You can apply for a DVO to be removed if it is safe to do so. You can also apply for the court to make changes to your DVO. If the court agrees to these changes, your DVO will be varied. You can ask the court to increase or decrease the conditions or the time period of your DVO, where appropriate. You should seek legal advice about what information the court will consider before applying for any changes.
If you are unhappy in your marriage or relationship you can separate at any time you choose.
Separation occurs when at least one person makes the decision to separate, acts on that decision and tells the other person. The other person doesn’t have to agree with your decision to separate.
If you or your children are at immediate risk of harm, contact the police. In an emergency call 000. If it is not urgent that you leave the home immediately, you should get legal advice about your rights before you separate.
There are no legal requirements to separate. You don’t need to fill in any forms, apply to a court or any government organisation to separate, but you may need to tell certain agencies like Centrelink, the Child Support Agency and Medicare that you have separated. When you separate, it is best to get legal advice as soon as possible about your rights, including arrangements for children, child support and any property. If you’re new to Australia or are worried that separation may impact your visa or residency, get legal advice.
You’re separated once you stop living together as a couple. You can still be separated but live together in the same house. This is called ‘separation under the one roof’.
If you are applying to Centrelink, you may need to prove to them that you are in fact separated under the one roof. They will consider whether:
No single factor is determinative.
You may not have to leave, even if your ex-partner refuses to leave the home (or owns the home in their sole name). If you leave your family home you do not lose your right to make a legal claim to the home or other property, but you should get legal advice about how you can protect your interest in the home.
In most cases, you and your ex-partner can decide who will leave the home. If you can’t agree, you can apply to a court to seek that you have the sole use and occupation of the home, forcing the other person to leave the home. If your ex-partner has been violent towards you, you may be able to seek a domestic violence order including an ‘ouster’ condition which forces the other person to leave.
These types of orders are only made in special circumstances, and you should get legal advice before applying for this type of order.
If you are renting your home and the lease is in your ex-partner’s name, and you are experiencing or have experienced domestic violence, you may be able to apply to be recognised as the tenant instead of your ex-partner. It may also be possible for the lease to be changed to one of the party’s name with the consent of the owner of the property. You should get legal advice about the best options for you.
After separation, you will continue to be responsible for rent or mortgage payments if you are named on the home loan. If the loan is in joint names, both parties are legally responsible for payments regardless of who is living in the property. It is important to consider your financial position when planning to move. If you have decided to leave, you may be able to make arrangements with the mortgage lender regarding payments. It may be possible to apply to a court to seek that your partner be solely responsible for repayment of the mortgage, however it is important to legal advice.
You have the right to your personal possessions. If the house is owned jointly or is in your name, you can go back to the house. You should consider whether there is potential for violence from your partner.
If the locks have been changed you should get legal advice about how to get your belongings. It is not advisable to break into a house, even if your name is on the title or lease.
If the house is in your partner’s name, you should get legal advice before going back to the house and collecting your belongings.
If you think there is a possibility of violence or harassment when you attend the house, the police can accompany you to remove your personal possessions. The police are there only to protect you from violence or harassment, and they will not carry things from the house for you. If there is a dispute between you and your partner about who owns what, the police will not assist you.
If there has been domestic violence, you may be able to seek a domestic violence order including a condition that allows you to return to the house to collect your belongings either with or without the police attending with you.
Identification, documents, money
It is a good idea to take money and at least three forms of identification with you when you leave. You will need the original documents as photocopies are not usually acceptable.
Identification is important as you need identification to apply to Centrelink, to open new bank accounts or even to join a library.
If possible, take the following with you:
You may also need:
If you need to go to a refuge, telephone DV Connect on 1800 811 811.
This is a toll-free call available 24 hours.
To access a hostel, call the Homeless Hotline on 1800 474 753.
To obtain public housing, contact or visit your local Housing Service Centre.
A divorce is the official recognition of the end of a marriage.
The only legal requirement for applying for a divorce is the ‘irretrievable breakdown’ of the marriage. The court does not take into account who is at fault for the marriage ending. It is only necessary to prove that you and your spouse have been separated for 12 months with no likelihood of getting back together.
Once your divorce is finalised, you can remarry.
Divorce is separate from property settlement, parenting matters, and child support/maintenance matters, although you do not have to wait for a divorce before dealing with these other issues.
You should get legal advice before applying for a divorce.
When applying for a divorce, your former spouse doesn’t have to agree to the divorce.
To apply for a divorce in the Federal Circuit and Family Court of Australia, you or your former spouse must:
You can still apply for a divorce if you were married overseas, or if you don’t know where your former spouse currently is, as long as you live in Australia.
If you and your former spouse have children under 18 (or children that were treated as members of your family during the relationship), then the court will need to make sure that proper arrangements have been made for the children before granting you a divorce.
The court will want to know things like:
It is not necessary to have parenting orders before applying for a divorce, but you will need to provide details to the court about the children’s current circumstances and if you plan to make any changes to their circumstances.
After you separate, you and your spouse can get back together for up to 3 months without restarting the 12-month separation period required to apply for a divorce.
For example, if you’re separated for 5 months, get back together for almost 3 months and then separate again for 4 months, you’ll be considered to be separated for a total of 12 months. But, if you were back together for 4 months and separated again, your separation period will restart, and you will need to be separated for a further 12 months.
The court will consider you have separated once the marriage has broken down ‘irretrievably’ and there is no prospect of you and your former spouse getting back together.
If you and your former spouse stayed living together after separation but had separate lives, this is called ‘separation under the one roof’.
You will need to prove to the court that you were, in fact, separated under the one roof. The court will consider whether:
The court will consider all these matters in the context of your situation to determine if you were separated or not.
You can apply together for a divorce (joint application) or on your own (sole application).
If making a sole application, you must ‘serve’ the other person with the divorce application. This means giving the other person the application and other relevant documents, so they know about the court proceedings. You can’t serve your former spouse personally, but you can:
In all the above circumstances, you must complete certain court forms proving to the court the other person has been ‘served’.
In certain circumstances, the court may still grant you a divorce if you are unable to serve your spouse. The court may allow you to serve your spouse in a different way other than personal service, for example, by emailing a copy of the divorce application to your former spouse. This is called ‘substituted’ service because you are substituting an alternative method for the normal process. The court usually expects you to make all reasonable efforts to locate and serve your spouse, but in some circumstances, they may excuse you from the requirement to serve the other party and this is called ‘dispensing’ with the need for service.
If you have safety concerns or are in fear of your spouse knowing your whereabouts, you do not have to disclose your address or contact information, but you will still need to provide an alternate address on your divorce application. This could be a post office box, an email address or friend or relative’s address.
You will have to pay a court filing fee when applying for a divorce. You can apply to the court to have this fee reduced if you hold a government concession card or if you can prove you are experiencing financial hardship.
Yes. If you do not have a copy, you will need to obtain one, unless exceptional circumstances apply. If your marriage certificate is not in English, you will need to have it translated through a qualified interpreter. In most cases, you will need to pay a fee for an interpreter to translate your certificate and complete a court form.
Applying for a divorce occurs online through the Federal Circuit and Family Court of Australia. You can prepare the divorce papers and go to court yourself, or you can pay a solicitor to do it for you.
To apply online, you must first register for access to the Commonwealth Courts Portal. For more information, visit the Federal Circuit and Family Court of Australia website.
The website contains do it yourself kits – this gives you a step-by-step guide to filing and serving your divorce application and information about how to complete your application and other forms.
If you are unable to apply for a divorce online, you should contact the court for further information. They can give you a hardcopy application form.
If there are no children under 18, you do not have to attend the divorce hearing unless you are directed by the Court to do so.
If there are children under 18, you are not required to attend the divorce hearing unless the Respondent objects.
The Court will direct you how to attend the hearing.
If you meet all the requirements and the court is satisfied proper arrangements have been made for any children from the marriage, then your divorce will be granted, but is not yet final. The divorce order becomes final 1 month and 1 day after it’s made, unless there’s a good reason why the court shouldn’t grant the divorce in that time. The date when the divorce order becomes final is the actual divorce date. The court can order a shorter waiting period between when the divorce is granted and when it becomes final in exceptional circumstances.
The court will issue you with a certificate of divorce which is available to download and print from the Commonwealth Courts Portal.
Once your divorce is final there is a time limit of 12 months to apply to the court for property settlement or spousal maintenance.
A party may not want to get divorced if they don’t consider the marriage is over or for religious or cultural reasons, but these are not sufficient reasons for opposing a divorce application. You can only oppose a divorce application in Australia if:
If your spouse files for a divorce and makes untruthful statements, then it is possible for you to respond to the divorce paperwork. For example, by clarifying the date of separation. However, a response is likely to have little effect on the proceedings if the court is satisfied that you have been separated for more than 12 months and all other grounds are met.
In Queensland, divorce revokes that part of your Will that relates to your former spouse. After a divorce you should make a new Will to take into account your new circumstances. In fact, it is advisable to change your Will as soon as you separate to reflect your current wishes.
Coercive control is, a pattern of behaviour aimed at dominating or controlling another, and which has the effect of trapping and isolating victim-survivors.
There have been many definitions of coercive control.
As of 1 August 2023, the Queensland law (Domestic and Family Protection Act 2012 (Qld) seeks to address coercive control by defining domestic violence to include “a pattern of behaviour” that “may occur over a period of time” and may include multiple acts which “when considered cumulatively is abusive, threatening, coercive or causes fear” and is considered looking at the whole context of a relationship.
Coercive control will also be a criminal offence in Queensland if the behaviour occurred after 26 May 2025. This criminal offence includes patterns of abusive behaviour that can be physical and/or non-physical, or a combination of both, and is used to hurt, humiliate, isolate, frighten or threaten a victim-survivor.
A person who is an adult commits a coercive control offence if :
(a) the person is in a domestic relationship with another person (the other person); and
(b) the person engages in a course of conduct against the other person that consists of
domestic violence occurring on more than one occasion; and
(c) the person intends the course of conduct to coerce or control the other person; and
(d) the course of conduct would, in all the circumstances, be reasonably likely to cause the
other person harm.
Coercive control is usually perpetrated by an intimate partner but may also be perpetrated by a family member.
Coercive control can be experienced by anyone. One Australian study found that, amongst the women surveyed, those who identified as Aboriginal and/or Torres Strait Islander; culturally and linguistically diverse; or had a long-term health condition were more likely to report experiencing coercive control.
A list of examples of behaviours is provided below. It is important to understand that the context of the behaviour is important when considering what coercive control looks like. Behaviour which may seem harmless to an observer, may feel controlling, coercive or abusive to the victim-survivor because of the context the behaviour is experienced in.
Coercive control generally escalates over time. There may be an intense period of attention and courtship followed by gradual increases of controlling behaviour in both severity and frequency over time.
It may include an incident of physical violence but not always.
It may include any combination of the below behaviour:
The victim-survivor may report feeling like they are:
In the early stages of working with a client who is experiencing, or has experienced, coercive control:
When speaking with a client who is experiencing, or has experienced, coercive control:
Ask questions about the impact of the behaviour as clients may find this easier to articulate than specific abusive behaviour. For example:
If you identify a client may be experiencing coercive control you may:
If you or someone you care about has experienced coercive control, there are legal options that may be available both to protect a victim-survivor and to hold a perpetrator accountable for committing coercive control offences.
Domestic violence Protection Orders can be granted by Magistrates Courts. An application can be made by police or ‘privately’ by the victim-survivor.
You can see our domestic violence information sheet for further general information about domestic violence orders.
If you are a service provider assisting someone to apply for a domestic violence order where there has been coercive control, it is important to remember:
Women’s Legal Service Queensland (“WLSQ”) can assist eligible women with free legal advice and assistance regarding domestic violence protection orders if you or someone you care about are experiencing or have experienced coercive control.
Women can self-refer by contacting the WLSQ Helpline on 1800 957 957, Monday to Friday 9:00am to 4:30pm. Services can refer women for assistance with domestic violence protection orders as a result of coercive control by completing the WLSQ online referral form.
Gold Coast Community Legal Centre (“GCCLC”) can provide free legal advice, assistance and social work services to eligible individuals across the Gold Coast region regarding a range of legal issues including domestic violence protection orders.
Enquiries can be made by:
If you are in immediate danger or need immediate medical help, please call ‘000’.
If you are not in immediate danger but want to report a crime, including coercive control behaviours occurring on or after 26 May 2025, call PoliceLink on 131 444, report the crime online or go to your local police station in person.
It is important to remember that only the Police are able to investigate and/or charge a person with the criminal offence of coercive control.
Support Services
If you or someone else you know are in immediate danger, call 000.
Social Support
DV Connect – 1800 811 811
Legal Support
This fact sheet has been co-produced with Gold Coast Community Legal Centre and WLSQ acknowledges the contribution of NQWLS.
This factsheet includes general information only and is not a substitute for legal advice.
Visit Family law (property) changes from 10 June 2025: Fact sheet for separating couples | Attorney-General’s Department for translated versions of this fact sheet.
Family law is changing. These changes may impact separating couples who have a property matter before the family law courts or who are trying to decide what happens to their property and finances after separation. This is known as a ‘property settlement’.
This fact sheet will help separating couples to understand how the new law operates. It contains general information only and is not intended to represent legal advice.
Most separating couples make their own arrangements for what happens to their finances and property after their relationship ends. Some couples use dispute resolution outside of court to reach agreement. Couples who cannot reach agreement through dispute resolution can apply to the family law courts to determine a property settlement. The family law courts have broad powers to make orders about property (such as the family home, shares, or superannuation), and liabilities (debts), if it would be just and equitable to do so.
From 10 June 2025, the Family Law Act 1975 includes changes to the law about:
• how the family law courts will determine a property settlement
• what the family law courts will consider when determining a property settlement. This includes the economic effect of any family violence, where relevant.
These changes apply to all separating couples, whether their property settlement is determined by the family law courts, or they are negotiating outside of court.
When considering a property matter, the family law courts must:
• identify all property and liabilities (debts) of the parties
• assess each party’s contributions to the property pool, and to the welfare of the family
• assess each party’s current and future circumstances. The family law courts will consider matters such as each party’s age and state of health, and the care and housing needs of any children
• only make orders that are, in all of the circumstances, just and equitable.
Separating couples negotiating outside of court should also follow this process.
Family violence means violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family, or causes the family member to be fearful.
From 10 June 2025, the economic effect of family violence must be considered, where relevant, when making decisions about property and finances after separation. The amendments also make clear that economic or financial abuse may constitute family violence. This might include where a person has controlled all of the finances or spending.
The impact of family violence could be relevant when assessing a party’s contributions to the property pool and to the welfare of the family (for example, if they were not allowed to work), and when assessing their current and future circumstances (for example, if they have ongoing counselling or rehabilitation costs).
The changes to the law do not permit the family law courts to:
• sentence someone for engaging in family violence conduct. Prosecutions for family violence offences are made in state and territory criminal courts
• order compensation for harm caused by family violence. Compensation may be available under a Victims of Crime Compensation Scheme, or under an order from a state or territory civil court
• make a family violence order to protect someone from family violence, or alter existing orders made by state or territory courts to protect someone from family violence. Orders for protection against family violence are made or amended by state or territory courts.
Separating couples can make arrangements for what happens to their companion animals (family pets), without going to court. This is what happens most of the time.
If separating couples cannot agree, they can apply to the family law courts to make an order. From 10 June 2025, when considering what order, if any, to make about family pets, the family law courts must consider a specific list of matters that apply only in relation to family pets.
This includes:
• any animal abuse, including threatening behaviour as a form of family violence
• the attachment of each party, or children of the relationship to the family pets.
The family law courts can only make certain types of orders about family pets. The family law courts cannot make orders for joint ownership or arrangements for sharing possession of family pets.
Separating couples have a duty to give all relevant financial information and documents to each other and the court. From 10 June 2025, the duty of disclosure is in the Family Law Act 1975 instead of the Federal Circuit and Family Court of Australia (Family Law) Rules. The nature of the duty is the same.
The duty applies to all disputes about finances and property that arise following separation. It is an ongoing duty, which means separating couples must provide all relevant information when they are trying to resolve their property matter.
There can be consequences if separating couples do not do this. For example, the family law courts may:
• take non-compliance into account in a property settlement
• impose sanctions, such as costs orders
• punish a party for contempt of court with a fine or imprisonment, or
• defer or dismiss all or part of the proceedings.
Existing financial or property orders do not change because of the new laws. People with existing orders should continue to follow those orders.
The changes apply to all new and existing proceedings, except where a final hearing has commenced. This means the new law applies to all matters (unless a final hearing has commenced), even if an application was filed before 10 June 2025. People who are already in court and do not have a lawyer, may wish to seek legal advice about how the changes may impact them.
Child support is generally dealt with separately to a family law property settlement.
Services Australia administers child support in Australia. They can be contacted on 131 272.
If you have immediate safety concerns, contact 000.
If you or someone you know needs help, 1800 RESPECT is a confidential online and telephone counselling, information and referral service that provides support to people who have experienced sexual assault, family and/or domestic violence. To access 1800RESPECT, you can phone 1800 737 732, 24 hours a day, 7 days a week, chat online via www.1800RESPECT.org.au, or text 0458 737 732.
Property includes all assets (where an item is owned) and liabilities (where money is owed) of a relationship. It may include:
Property includes assets and liabilities that are owned individually, with another person, or by a company or trust.
A property settlement is the legal term for the division of property at the end of a marriage or de facto relationship.
In Australia, there are laws about how property should be divided if you separate. These laws are set out in the Family Law Act. It is important to get legal advice about your entitlements before agreeing or signing any documents. There are many factors that need to be considered when deciding how property should be divided, including when children are involved. It may not matter who owns the property, who bought the property or who incurred the debt. You may still be entitled to a property settlement even if you did not work or contribute financially to the property.
A property settlement can be achieved by reaching an agreement with your former partner. If you are unable to reach agreement, you can apply to the court seeking property settlement orders (provided you are within the time limits set out below).
There are time limits within which you must start a case in court to divide property or assets or sort out your finances. These time limits are:
If the case is not started in court within the time limit, the right to pursue the claim will be lost.
In some matters the court may give permission for a person to commence a property settlement application after the time limitation has expired, however this only occurs in exceptional circumstances. It is your responsibility to ensure that court proceedings are commenced prior to the expiration of the limitation date.
Yes, the same law relating to property settlement now applies to both married and de facto couples (who separated after 1 March 2009) when they separate.
In considering how to divide property after separation, the court will:
The court will consider if it is just and equitable to make any orders to adjust the property interests of the parties.
There is no ‘automatic’ right to a property settlement. The court must work out whether it is ‘just and equitable’ to adjust the parties’ interests in property held by either party to the relationship. For example, it may not be just and equitable to alter parties’ interests when the relationship has been short, and the parties maintained largely separate finances.
The court must identify all assets and liabilities (debts) held by either party. It does not matter where the property came from or when it was acquired, it must still be identified. It includes property held in the name of the party, with another person, or by a company or trust. It includes legal and ‘equitable’ interests. Legal property includes all property held in the name of a party. Equitable interests are interests that a party has in property, even though they may not be the legal owner of the property (for example, a $50,000 cash payment made by a party to a house that could be registered in someone else’s name).
Once those items are identified, they then need to be valued, or some agreement should be reached about their value.
Contributions are what each party brings in, adds, or contributes to a relationship.
The court looks at:
Commencing 10 June 2025, the court can also take into account the effect of family violence to which one party has subjected or exposed the other party, on the ability of a party to make financial or non-financial contributions or contribute to the welfare of the family.
As of 10 June 2025, the definition of family violence under the Family Law Act 1975 has also been expanded to include economic or financial abuse.
Economic or financial abuse can include:
There is a list of factors the Court must take into account when considering the parties current and future circumstances. This list of factors includes:
Commencing 10 June 2025, the court can also take into account:
The court can approach these steps in any order to obtain a just and equitable outcome.
Your lawyer will help you identify the relevant issues to your situation and give you an idea of what may be a reasonable settlement for you, and what a judge would likely decide if the matter proceeds to court. The Court will not make a property order unless it is satisfied that the proposed division of property is just and equitable.
Most importantly, your lawyer should give you advice that is practical and realistic, with a view to helping you reach a resolution as quickly as possible.
Family violence means violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family or causes the family member to be fearful. This includes economic or financial abuse.
In property settlement matters, the economic effect of family violence must be considered. This might include where a person has controlled all the finances or spending. The impact of family violence could be relevant when assessing a party’s contributions to the property pool and to the welfare of the family (for example, if they were not allowed to work) or if the family violence by one party made the other party’s contributions substantially more difficult due to the violent conduct. The impact of family violence could also be relevant when the Court is assessing a party’s current and future circumstances (for example, if they have ongoing counselling or rehabilitation costs).
It is important to note the Court will not:
These are separate issues to a property settlement and are dealt with by other Courts.
If you can reach an agreement with your former spouse about the division of property, you can make either an informal or formal agreement. There are two ways to formalise an agreement to make it legally binding (enforceable by a court):
You can reach an informal agreement about how to divide your property. However, an informal agreement is not legally binding or enforceable by a court. You can make your agreement binding by entering into consent orders or a Financial Agreement.
Consent Orders are an agreement between two parties that is approved by the Court with the court orders then made in the agreed terms. A Consent Order is just as enforceable as if it were an order made by a Judge at a final hearing. Consent Orders have the same legal effect as any other court order and are typically the recommended approach for formalising a property settlement. Consent orders can be difficult to change or set aside once they are made. Legal advice should be obtained before signing consent orders.
A Financial Agreement is a document that sets out the agreement reached between the parties. Each party must obtain independent legal advice as to the effect, advantages and disadvantages of the Financial Agreement. For a Financial Agreement to be binding, it needs to comply with specific sections of the Family Law Act 1975.
Financial Agreements can be made before, during or at the end of a relationship. Financial Agreements made before marriage are often referred to as “pre-nuptial agreements” or “pre-nups”.
WLSQ is unable to provide any further information or legal advice in relation to Financial Agreements. If you require further legal advice or legal representation, please contact the Queensland Law Society for a referral to a family law firm in your local area.
If you don’t agree about property arrangements, you may want to start court proceedings.
Before commencing any proceedings, it is essential to make a genuine attempt to resolve your property dispute without going to court.
Each party to the proceeding must comply with the pre-action procedures, which include:
The Court will expect the parties to have complied with the pre-action procedures and there may be consequences if they have not been complied with, including costs orders (having to pay the other party’s legal expenses).
Your is the most important consideration. You do not need to comply with the pre-action procedures if:
Not all matters are appropriate for Family Dispute Resolution. All Family Dispute Resolution Practitioners are obligated to assess whether it is suitable for a conference to proceed. If you feel intimidated, scared or think that you may not be able to speak freely during the process, it is important to tell the Family Dispute Resolution Practitioner, and tell them about any history of domestic violence between yourself and the other party.
You should not feel pressured to agree to any property settlement. If you are uncertain, do not agree or sign anything until you have received legal advice.
If you are the Respondent to a Domestic Violence Protection Order or a Temporary Protection Order and there is a condition that prohibits you from contacting the other person, you should also obtain legal advice before any agreement is reached.
Separated parties who are involved in a financial or property matter have a duty of disclosure. This means providing all relevant information and documents to each other in a timely manner.
Disclosure documents include providing evidence of each party’s sources of income, interest they receive on investments, the value of property, and other financial resources, even if they have been disposed of.
The duty applies at all stages including when parties are negotiating outside of court, preparing to file an application in court and during court proceedings.
It is important that parties comply with their duty of disclosure. There may be consequences if a party has not complied with their duty of disclosure, including:
If you are married or were in a de facto relationship, you may be able to seek spousal maintenance from your former spouse. Spousal maintenance is financial support paid by one party to the other, in circumstances where they are unable to adequately support themselves.
Spousal maintenance is different from child support; it is money paid to you to assist with supporting you, rather than for the support of the children. If a spousal maintenance order is made it means your former spouse will pay maintenance to you in addition to child support or child maintenance.
It is not possible to make a spousal maintenance application if you have remarried or entered into a stable and continuing de facto relationship. If you remarry or enter into a stable and continuing de facto relationship after an order is made you have an obligation to notify your former spouse immediately so that any spousal maintenance order can be finalised or discharged.
The following content is general information only. WLSQ does not provide legal advice or representation in these areas of law.
After you separate you should immediately consider making a new Will.
WLSQ is unable to prepare your Will or provide you with legal advice regarding Wills and Estates. You can locate a specialist lawyer who practices in Wills and Estates through the Queensland Law Society. You can also have a Will prepared (for free) through the Public Trustee of Queensland who can be contacted to request an appointment.
You may wish to make or change any binding death benefit nominations on your insurance or superannuation.
WLSQ is unable to provide you with legal advice regarding insurance or superannuation. You can locate a specialist lawyer who practices in this area through the Queensland Law Society.
If you have previously given your partner a Power of Attorney, you can revoke it by using a prescribed form, and sending a copy to them
WLSQ is unable to prepare your Power of Attorney or provide you with legal advice regarding your Power of Attorney. You can locate a specialist lawyer who practices in this area through the Queensland Law Society. The Public Trustee of Queensland may also be able to assist.
If you own any property in Queensland (a house/land/unit/townhouse etc) with your former partner, you may want to consider severing the tenancy on the property, which means changing the ownership from ‘joint tenants’ to ‘tenants in common’. If you own the property as ‘joint tenants’, it means that if you die, your interest in the property will automatically go to your partner (even if your Will says something different). To change that, you can sever the tenancy so that the property is instead owned as ‘tenants in common’. This means you still own the property together, however if you die, your partner will not automatically get your share. It will cost you money to do this. You do not need your former partner’s approval to sever the tenancy, however they will be notified.
You should obtain legal advice regarding any changes to tenancy and/or property ownership. WLSQ is unable to provide you with legal advice regarding property law. You can locate a specialist lawyer who practices in property law through the Queensland Law Society.
You may need legal advice if:
It is a good idea to write down the important dates (marriage, separation, dates of birth), and keep records of things that are happening and any incidents of concern.
List when assets were acquired and each parties’ contributions throughout the relationship. Gather relevant documents.
This factsheet includes general information only and is not a substitute for legal advice.
The Federal Circuit and Family Court of Australia, in the context of a separation, will consider and deal with companion animals as property, similar to furniture or a car. This means that if you and your ex-partner are unable to reach an agreement as to who will keep your companion animal , they can be dealt with as part of a property settlement process.
The Family Law Act 1975 defines a companion animal to be an animal kept primarily for the purpose of companionship. This definition is wide and includes traditional companion animals like dogs and cats but can also include other animals. It does not include assistance animals for example, guide dogs.
Animals that are kept as part of a business, for agricultural purposes or for laboratory testing are not considered to be companion animals under the legislation. These animals are primarily used to generate an income (such as livestock or animals used in breeding or racing) and will usually be valued and treated as property. Animals that do not fit within the category of a business asset are not generally considered to have a monetary value within a property settlement.
For animals that meet the definition of companion animal, the court can order that:
When deciding who the companion animal lives with the court must consider:
The court cannot make orders for shared care of a companion animal.
There are a few options to consider when determining how to resolve a dispute pertaining to your companion animal after separation:
If it is possible and safe to do so, you can come up with an agreement between yourself and your ex-partner about how property should be divided upon a separation. This type of agreement can include provisions which specify who will have ownership of the companion animal. The agreement can either be made formally or informally. Formal agreements, if documented correctly, are legally binding and can be achieved through:
Consent Orders are an agreement between the parties, approved by the Court and made into a Court order. Consent Orders have the same legal effect as any other Court order.
Alternatively, a Binding Financial Agreement can be made before, during or at the end of a relationship. This type of agreement can deal with a couple’s financial and property affairs. For this agreement to have legal effect, it must comply with specific sections of the Family Law Act 1975 and both parties must obtain independent legal advice before signing a Binding Financial Agreement. WLSQ is unable to provide any further information or legal advice in relation to Financial Agreements. If you require further legal advice or legal representation, please contact the Queensland Law Society for referral to a family law firm in your local area.
Informal agreements are not legally enforceable and are not recognised by the Court.
If you and your ex-partner are unable to agree on who retains the care of a companion animal, there must be an attempt to resolve the issue through a dispute resolution process prior to applying to the Court for an order. Family dispute resolution processes may allow you and your ex-partner to discuss and reach an agreement with the assistance of a neutral third party.
If the dispute resolution process is unsuccessful or not appropriate, you may be able to file an Initiating Application in the Federal Circuit and Family Court of Australia for an order regarding property settlement, including the ownership of your companion animal.
If you need to leave your home due to domestic or family violence and you do not have safe housing for your companion animal, the RSPCA and DVConnect Pets in Crisis Program may be able to help you: https://www.rspcaqld.org.au/what-we-do/save-animals/pet-in-crisis-program
This factsheet is not a substitute for legal advice.
WLSQ is unable to provide any further information or advice regarding this legal issue. If you require further legal advice or ongoing representation, please contact the Queensland Law Society on 1300 367 757 or visit their website at www.qls.com.au/find-a-solicitor/search
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