Property Orders

Types of orders

At the end of a case, the Court can make a range of different orders, including orders for:

• payment of a lump sum, either in one amount or by instalments
• payment of a weekly, monthly, yearly or other periodic sum
• a transfer or settlement of property
• the appointment or removal of trustees
• payments directly to a party, a trustee to be appointed or to a public authority for the benefit of a party

When deciding what orders to make, the Court must follow the legislative principles for dividing property.

What can property and financial orders cover?

Property and financial orders can divide assets (things you own) and liabilities (things you owe money on) includes:

• real estate, including the family home
• money
• investments
• insurance policies
• inheritances
• shares
• superannuation
• any other assets, such as cars, furniture or jewellery
• debts, such as mortgages, loans, credit cards and personal debts.

All items may be considered in the property settlement. It does not matter:

• whose name is on the documents - they could be owned jointly with another person, or by a family trust or family company.
• who bought an item
• who made the debt.

Further information is available on the Examples of Property Orders page.

The family home

You do not lose your right to a share of the house or other property if you leave the house.

If one person gets the house by agreement or court order, the other will still have a right to a fair share of the assets. This may mean that the person who stays in the house buys the other’s share of the house or re-finances the mortgage into their sole name.

Last updated: 28-Sep-2022

[ back to top ]