skip to content

Refine results


Search by

Search by Algolia
Law Handbook banner image

Applying for property settlement

Either party to a marriage or de facto relationship can apply to the Federal Circuit and Family Court for property settlement. All applications must be filed in Division 2 of the Court, which hears most matters [Federal Circuit and Family Court of Australia Act 2021 (Cth) s 50]. Matters may be transferred to Division 1 of the Court in some circumstances [see Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth)]. Division 1 may hear more complex matters and appeals.

There are no restrictions on the amount of the value of the property in dispute.

In limited circumstances, residents in country areas can make an application to the local state Magistrates Court for property up to the value of $20,000 subject to jurisdictional limit amendments from state to state [see Family Law Act 1975 (Cth) ss 46 and 46A].

Applying for property settlement  :  Last Revised: Tue Aug 31st 2021
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.