What is Property?

Property is anything that can be owned – when you break up or separate, property can be divided, but needs to be divided to the agreement of both parties.  If both parties cannot agree on how to divide property, a property split can be ordered by a court.

Property includes land, houses, superannuation, businesses including partnerships or companies, motor vehicles, bank accounts, shares, household goods and furniture, tools of trade or other equipment.

It includes anything that was bought during the relationship, as well as finances built up during the relationship. You should know that items owned or acquired by one party before the relationship began may form part of the property settlement.

In Australia, the law does not look at why the parties have separated or whose fault it is. Dividing property is not about who is right or who is wrong.

Family violence (also known as domestic violence) within the relationship can affect the way the law works. It is important to let your lawyer know if you have experienced, or are experiencing, family violence.