Property Division in Western Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
When a marriage or de facto relationship ends, either party can apply to the court for a property settlement under the Family Law Act 1975 (s 79 for married couples, s 90SM for de facto couples). There is no automatic 50/50 split in Australia.
The court follows a four-step process: (1) identify and value all assets, liabilities, and financial resources of both parties; (2) assess each party's financial contributions (income, assets brought into the relationship, inheritances) and non-financial contributions (homemaking, parenting, renovations); (3) consider future needs such as age, health, earning capacity, care of children, and the length of the relationship (s 75(2) factors); (4) check that the overall result is just and equitable.
Superannuation (retirement savings) is treated as property and can be split by a superannuation splitting order (Part VIIIB). Married couples must file property claims within 12 months of divorce becoming final. De facto couples must file within two years of separation.
When does it apply?
This applies to:
- Married couples who are separating or have divorced — you must apply within 12 months of divorce.
- De facto couples (including same-sex couples) who have separated — you must apply within two years of separation.
- For de facto couples to access federal family law, the relationship must have lasted at least two years, or there must be a child of the relationship, or one party made substantial contributions and failure to make an order would cause serious injustice (s 90SB).
What to Do If You Need to Divide Property After Separation in Australia
- Get a full picture of all assets and debts — bank accounts, property, superannuation, businesses, vehicles, credit cards, and loans.
- Get formal valuations of real estate, businesses, and superannuation where needed.
- Try to reach agreement through negotiation or mediation — you can formalise it with consent orders or a binding financial agreement (BFA).
- File within time limits — 12 months after divorce for married couples, two years after separation for de facto couples.
- Disclose everything — the duty of full and frank disclosure is ongoing throughout the process.
What should you NOT do?
- Don't hide, dispose of, or dissipate assets — the court can reverse transactions and impose penalties.
- Don't assume a 50/50 split — the court considers contributions and future needs, which often results in an unequal division.
- Don't miss the deadline — after the time limit expires, you need special leave from the court to proceed (s 44(4)).
- Don't forget superannuation — it is often the second-largest asset and can be split separately from other property.
How Western Australia differs from federal law
Property division after separation in WA is heard by the Family Court of Western Australia. WA also has its own Family Court Act 1997 (WA) which supplements the federal Family Law Act for de facto couples.
- For married couples, the Family Court of WA applies the Family Law Act 1975 (Cth) using the standard four-step process: identify and value assets, assess contributions, assess future needs, and ensure the outcome is just and equitable.
- For de facto couples, WA is unique — it did not refer its de facto property powers to the Commonwealth (unlike all other states). Instead, the Family Court Act 1997 (WA) provides its own de facto property division framework, exercised by the Family Court of WA under state jurisdiction.
- The WA de facto property provisions are substantively similar to the federal provisions, but are governed by WA state law rather than the Family Law Act.
- Applications for property settlement must be made within 12 months of a divorce order (married) or 2 years of separation (de facto).
- WA's mining and resources sector means that property pools may include mining tenements, FIFO-related assets, and shares in mining companies, which require specialist valuation.
Additional Steps in Western Australia
Seek legal advice from a WA family lawyer. Use family dispute resolution to negotiate a property settlement. File applications with the Family Court of WA (familycourt.wa.gov.au). Contact Legal Aid WA (1300 650 579) for advice. The Women's Law Centre WA (08 6148 3400) provides free advice for women.
Relevant Law: Family Law Act 1975 (Cth), Part VIII; Family Court Act 1997 (WA), Part 5A
Common Questions
When does property division apply?
This applies to:Married couples who are separating or have divorced — you must apply within 12 months of divorce.De facto couples (including same-sex couples) who have separated — you must apply within two years of separation.For de facto couples to access federal family law, the relationship must have lasted at least two years, or there must be a child of the relationship, or one party made substantial contributions and failure to make an order would cause serious injustice (s 90SB).
What should I do if my partner and I can't agree on how to split our property in Australia?
Get a full picture of all assets and debts — bank accounts, property, superannuation, businesses, vehicles, credit cards, and loans.Get formal valuations of real estate, businesses, and superannuation where needed.Try to reach agreement through negotiation or mediation — you can formalise it with consent orders or a binding financial agreement (BFA).File within time limits — 12 months after divorce for married couples, two years after separation for de facto couples.Disclose everything — the duty of full and frank disclosure is ongoing throughout the process.
What mistakes should I avoid with property division?
Don't hide, dispose of, or dissipate assets — the court can reverse transactions and impose penalties.Don't assume a 50/50 split — the court considers contributions and future needs, which often results in an unequal division.Don't miss the deadline — after the time limit expires, you need special leave from the court to proceed (s 44(4)).Don't forget superannuation — it is often the second-largest asset and can be split separately from other property.
Property Division in other states
Same topic, different jurisdiction. Pick the one that applies to you.