Top Six Questions on Property Settlement

Property settlement is one of the first things that separating couples need to deal with, and often one of the most emotional.  In this episode, Ben and Heather answer the top six most commonly asked questions on property settlement.  Over the years Ben and Heather have dealt with so many questions about property settlement, both in their practice and through the podcast.  They have whittled down those questions to the 6 most frequently asked and on today's show provide you with answers.  Here are the six questions:When should I start the property settlement process and how long does it take for the assets to be divided?What sorts of things get included in a property settlement and how is this agreed?What share am I going to get? Is it always the case that property is divided 50/50?Can I be forced to sell the family home?How does the Court decide who gets what in a property settlement?Do I really need to pay lawyers to formalise my property settlement?Episode note (important): This episode was recorded before changes to property settlement provisions commenced on 10 June 2025. The way the Court determines a just and equitable outcome in property matters has been updated since this recording, so some legal references in this episode may now be out of date. Please seek current legal advice and refer to the Federal Circuit and Family Court of Australia and Attorney-General’s Department resources for the latest information.