- What needs to be done before applying?
- Do time limits apply?
- What needs to be disclosed?
- How does one apply?
- What will happen next?
- Urgent applications - injunctions
- How does the court make decisions?
- What will happen to the family home?
- Is everything split 50/50?
- How is superannuation dealt with?
- What if one party is bankrupt?
- Can property orders be changed?
Either party to a marriage or de facto relationship can apply to the Federal Circuit Court or the Family Court for property settlement. The Federal Circuit Court hears most matters. Whilst applications for property settlement can be lodged in either the Family Court or the Federal Circuit Court, most matters, unless complex, are heard in the Federal Circuit Court.
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 [see Family Law Act 1975 (Cth) s 46].
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.