Financial clarity for a property settlement after separation, divorce, or the end of a de facto relationship. Built for people in Australia — updated for the Family Law Act changes of 10 June 2025.
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No account needed Nothing is uploaded or tracked Built around the Family Law Act 1975
The method
A fair settlement weighs three things
Australian family law does not start at a simple 50/50. Since 10 June 2025, the Family Law Act spells out the framework the courts use: identify the property pool, assess contributions, consider each person's current and future circumstances, and check the overall result is just and equitable. Smart Separations helps you work through it, so you walk into any conversation prepared.
Sections 79 & 90SM, Family Law Act 1975 (as amended). This is preparation and clarity, not legal advice.
Before you met
Contributions you brought in
What each of you owned before the relationship began. Property, savings, superannuation or a business one partner brought in is weighed differently to what you built together, and its influence often softens over a longer relationship.
Pre-relationship propertyInitial savingsSuper brought inLength of relationship
Brought into the relationship
Apartment, BrunswickSarah · before
$220k
SavingsJames · before
$48k
Super (starting balance)Sarah · before
$70k
Together
Contributions during the relationship
Everything you both put in along the way. Income earned, yes, but also parenting, running the home, supporting a partner’s study or career, and money received as gifts or inheritance. Financial and non-financial contributions count equally — and since June 2025 the law expressly requires courts to consider how family violence affected a person’s ability to contribute.
IncomeParentingHomemakingCareer supportGifts & inheritanceEffect of family violence
How you weigh each area
Income earnedSarah 60%
Parenting timeJames 65%
Household & careEven
Looking forward
Current & future needs of each partner
Where each of you stands going forward. Care and housing of children, age and health, earning capacity, the ongoing economic effect of any family violence, and any deliberate wastage of assets. A fair split looks ahead, not only back, and can adjust the division to reflect it.
Care & housing of childrenEarning capacityAge & healthEconomic effect of violenceWastage
Future needs considered
Primary care of children+ adjustment
Difference in earning capacity+ adjustment
Age & healthconsidered
How it works
Four calm steps, at your own pace
Start with a blank page and finish with a clear picture. Nothing is locked in, and you can stop and return whenever you need to.
1
Your details
A few names and basics. Nothing more.
2
Assets & debts
Map property, super, banking and the rest.
3
Balance sheet
See your complete position, clearly laid out.
4
Explore scenarios
Understand what a fair split could look like.
Your privacy is the whole point
This is one of the most sensitive moments in your life. Your financial details should belong to you alone, and with Smart Separations they do.
Everything stays on your deviceYour figures are saved in your browser, not on our servers.
We never see your numbersNothing is uploaded. There is nothing for us to look at.
No accounts, no adsNo sign-up, no tracking, and we never sell data.
Grounded in Australian lawStructured around the principles courts actually apply.
Why we built this
Made for one of life’s hardest moments
Separation is overwhelming, and money is often the most tangled part of it. We wanted to take away the fear of not knowing where you stand.
Smart Separations gives you a calm, private place to see your whole financial picture and understand what a fair division could look like. At your own pace, before you sit down with a lawyer, a mediator, or your former partner.
image: calm, hopeful lifestyle photo
Learn
Understand the process before you start
Plain-English guides to how property settlement actually works in Australia, reflecting the Family Law Act changes that commenced on 10 June 2025.
Property settlement basics
A property settlement divides everything a couple owns and owes — regardless of whose name it is in. The court will only make orders if it is satisfied that adjusting your property interests is just and equitable.
The codified framework: identify all property, super and debts at today’s values; assess contributions (financial, non-financial, homemaking and parenting all count equally); consider current and future circumstances like care of children, health and earning capacity; then check the overall outcome is fair. Most couples settle by agreement — only a small fraction of matters are decided by a judge.
Superannuation splitting
Super is treated as property and forms part of the pool, but it is different in kind — it usually cannot be cashed out, so it is split, not sold. A splitting agreement or court order transfers part of one partner’s super into the other’s fund, where it stays until retirement.
You can get a valuation of your former partner’s super by applying to their fund (Form 6 declaration) or, for many funds, through the ATO via your lawyer in court proceedings. Practitioners often treat super as a second pool and agree a percentage for it separately from cash-and-property.
Time limits matter
If you were married, you must apply to the court for property orders within 12 months of your divorce becoming final. If you were in a de facto relationship, the limit is 2 years from the date of separation.
After that you need the court’s permission to apply, which is not guaranteed. There is no time limit on settling by agreement — but formalising it by consent orders is subject to the same limits, so don’t leave it late. Divorce itself is separate: it requires 12 months of separation, and does not divide property.
The duty of disclosure New in 2025
Since 10 June 2025 the duty of full and frank financial disclosure is written into the Family Law Act itself. From the moment you are preparing to resolve a property matter, both of you must give each other all relevant financial information — payslips, statements, super balances, tax returns, business records.
Hiding assets has real consequences: courts can set aside agreements, draw adverse inferences, and penalise non-disclosure. Concealing assets to disadvantage a partner is also expressly recognised as a form of financial abuse.
Family violence & the money New in 2025
The law now requires courts to consider the economic effect of family violence — both how it affected a person’s ability to contribute during the relationship, and its ongoing impact on their future needs. Financial abuse (controlling access to money, building debt in your name, concealing assets, sabotaging employment) is expressly recognised as family violence.
If this is part of your story, please get legal advice — these factors can meaningfully change an outcome, and you deserve support. 1800RESPECT (1800 737 732) is available 24/7.
Pets have their own rules now New in 2025
Family pets (“companion animals”) are no longer treated like furniture. Courts now consider who cared for the animal, each person’s ability to care for it in future, any attachment a child has to it, and any history of cruelty or threats towards it.
Ownership can only go to one person (or be shared by agreement) — a court won’t order a “custody schedule” for a pet, but couples are free to agree one between themselves.
FAQ
Common questions
Is a 50/50 split the starting point?
No. There is no presumption of equality in Australian law. Every case starts by identifying the pool, then weighing contributions and future circumstances. In practice many long relationships land near equal on contributions, and adjustments for future needs move the final figure — but the law requires the whole framework to be worked through, and the result must be just and equitable overall.
Do we have to go to court?
Most separating couples never see a courtroom. You can agree between yourselves, through mediation (family dispute resolution), or through lawyers, then formalise the agreement with consent orders (filed with the court, no hearing needed) or a binding financial agreement. Court is the path of last resort when agreement isn’t possible.
Whose name the asset is in — does it matter?
Very little. The pool includes everything either of you owns, solely or jointly, including assets acquired before the relationship or after separation (though timing affects how contributions are weighed). Hiding or moving assets breaches the disclosure duty now written into the Act.
How is superannuation handled?
Super is part of the pool but is usually split rather than cashed out — a portion transfers into the other partner’s fund. Many couples treat super as its own pool with its own percentage. See the superannuation guide above.
What about an inheritance I received?
Gifts and inheritances usually count as a contribution by the person who received them. How much weight they carry depends on when they were received, how they were used, and the length of the relationship — a late inheritance kept separate is weighed differently to one received early and absorbed into the family home.
Does bad behaviour affect the split?
Everyday relationship conflict generally doesn’t. But the law now expressly considers the economic effect of family violence, deliberate or reckless wastage of assets (e.g. gambling losses), and debts incurred unreasonably. These can shift an outcome.
Is what this tool shows me legally reliable?
It’s an educational estimate to help you prepare — not legal advice, and no tool can predict a court outcome. Real outcomes turn on details a questionnaire can’t capture. Use it to get organised and informed, then test your thinking with a family lawyer (many offer a free or fixed-fee first conference).
See your position clearly
Take a quiet moment to map everything, and walk into what comes next knowing exactly where you stand.
Free to map your assets. Private on your device. Not a substitute for legal advice.
Your details
Just a few basics to personalise the tool
How property settlement works in Australia
Since 10 June 2025 the Family Law Act sets out the framework directly: identify and value everything you own and owe, assess each person's contributions (including the effect of any family violence), consider each person's current and future circumstances, and check the overall outcome is just and equitable. The same framework applies to married and de facto couples. This tool walks you through it.
Partner names
Property
Houses, units, land, investment properties
0 items
Use domain.com.au or realestate.com.au for estimates. Mortgage balance is in your online banking. Include equity (value minus mortgage) as a net figure, or enter value and mortgage separately.
Superannuation
Super funds, SMSFs
0 items
Under Australian family law, super is part of the asset pool. It can be split, flagged, or offset. Enter each partner's super balance separately.
Check redbook.com.au for current vehicle valuations.
Debts & liabilities
Credit cards, personal loans, BNPL, tax debts, HECS/HELP
0 items
Other valuables
Jewellery, art, collectibles, furniture
0 items
Pets
Companion animals — dogs, cats, horses kept for companionship
0 items
Since June 2025, pets have their own rules: who cared for the animal, each person's ability to care for it, and any child's attachment all matter. Enter a market value only if meaningful (e.g. a pedigree animal) — otherwise leave it at $0 and decide who it lives with on the Allocate page.
Commonly forgotten
People routinely miss these. Tap any that apply to add it to the right category.
Total assets
$0
Before debts
Total debts
$0
Credit cards, loans
Net settlement pool
$0
This is the pool available for division
Non-super pool
$0
Property, cash, investments & debts — divisible now
Superannuation pool
$0
Split by agreement or order — locked until retirement
Currently held: —
Full asset & debt list
Item
Category
Held by
Value
Net pool
$0
Agree a percentage
Net pool: $0
Drag the slider or pick a preset
50%
Partner 1
$0
vs
50%
Partner 2
$0
All to Partner 1All to Partner 2
Not sure where to set the slider? The optional Guided estimate walks through contributions and future needs the way the Family Law Act frames them, and suggests an indicative range.
What this means in dollars
Based on your agreed percentage and the net pool.
Partner
Their share
% of pool
Partner 1
$0
50%
Partner 2
$0
50%
Total pool
$0
100%
Use the dropdowns to decide what each person keeps, sells, or shares. The totals update in real time.
Asset / debt
Value
Who gets it
P1 receives
P2 receives
To reach the agreed split, needs to pay .
An educational estimate — not a prediction. This walks through the factors in sections 79(4)–(5) of the Family Law Act and produces an indicative range based on broad patterns in decided cases. Real outcomes depend on details no questionnaire can capture. Nothing here is legal advice.
1
Contributions brought into the relationship
What each of you owned at the start. The longer the relationship, the less weight these usually carry.
From your asset list (items tagged as brought in, or gifts/inheritance)
Tag items on the Assets & debts page using the “Origin” selector under each item.
Anything significant not in your list? (e.g. assets since sold)
2
Contributions during the relationship
Financial and non-financial contributions count equally — earning, parenting, homemaking, supporting a career.
Overall financial contributions (income, paying the mortgage, business)
P1P2Broadly equal
Homemaking & parenting during the relationship
P1P2Broadly equal
In most established relationships the law treats the breadwinner and homemaker roles as equal. Only move these sliders for a genuinely one-sided pattern.
Did family violence affect either partner’s ability to contribute?
Since June 2025 courts must consider this when weighing contributions. If it applies to you, legal advice is strongly recommended — and 1800RESPECT (1800 737 732) is available 24/7.
3
Current & future circumstances
Where each of you stands from here. These factors commonly adjust the division by a few percent each.
Who will mainly care for the children?
Who has the stronger earning capacity going forward?
Think salaries, qualifications, health and age — the adjustment goes toward the partner with the weaker position.
Did either partner take significant time out of paid work for the family?
Do age or health issues limit either partner’s ability to work?
Is there an ongoing economic impact of family violence?
Did either partner deliberately or recklessly waste significant assets?
For example large gambling losses or destroying property. Courts now consider this when assessing each person’s circumstances.
Indicative range
Based on your answers and broad patterns in Australian decisions — the true outcome depends on your full circumstances.
50% / 50%
More to Partner 2 ←30% — 70%→ More to Partner 1
Your path from here
You now have a clear picture. This is the usual road to a finished, binding settlement.
1. Gather your documents (disclosure)Both of you must exchange full financial information — it’s a legal duty written into the Family Law Act since June 2025. Collect payslips, 3 years of tax returns, bank and super statements, mortgage balances, and business records.
2. Firm up your valuationsReplace estimates with real numbers: agent appraisals or a licensed valuer for property, Form 6 requests to super funds, RedBook for vehicles, an accountant for any business or trust.
3. Get legal advice earlyEven one fixed-fee conference is worth it — a family lawyer will sanity-check your range and flag anything you’ve missed. If money is tight, Legal Aid and community legal centres can help.
4. Negotiate — mediation if you need itMost couples reach agreement directly, through lawyers, or via family dispute resolution (FDR) with services like Relationships Australia. Court is the last resort, not the default.
5. Make it bindingA handshake isn’t enough. Formalise with consent orders (filed with the court, no hearing, ~$200 filing fee) or a binding financial agreement (both need independent lawyers). This also unlocks the stamp-duty exemption when transferring property between you.
6. Implement itExecute the super split with the fund, refinance or transfer the mortgage, update titles, close joint accounts and cards, update your will and super death-benefit nominations.
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