Apply to divide relationship property

The Family Court can help divide your relationship property if you and your ex-partner can’t agree or if the agreement is unfair or breaks down.

You need to apply within 1 year of your divorce or within 3 years from the end of your de facto relationship. You can ask the court for permission to file after this deadline.

It costs $700 to apply.

If you need help to fill in the forms you can call us or visit your local court

Find out more about affidavits and statutory declarations

  1. Fill in these 4 forms:
    Application form for order (or declaration) on notice – G5 [PDF, 47 KB]
    Narrative affidavit [PDF, 38 KB]
    Affidavit as to assets and liabilities – PR1 [PDF, 141 KB]
    Information sheet to accompany certain applications – G7 [PDF, 44 KB]
  2. File your application. You will also need to pay $700 (including GST) to the court, unless you ask the court to waive (cancel) the fee.
    Find out more about how to file documents
    Find out more about getting help to pay the court fees

What happens after you file your application

The court will give the other person a copy of the application, and instructions on what they need to do.

To respond the other person will file a narrative affidavit and an asset and liability affidavit.

Judicial conference

The judge will read the documents and then call a short meeting that you need to go to (called a judicial conference). The judge will tell you what will happen next and they’ll set out a timetable for filing further evidence. The judge might direct that a settlement conference should be held.

If both people agree on some matters, the judge can also make some Orders by consent.

Settlement conference

In a settlement conference, the judge will lead a discussion between you and your ex-partner to see if you can agree. Lawyers can take part.

Hearing

A hearing takes place when you and your ex-partner can’t agree. Before the hearing, the judge will tell you:

  • if more affidavits or other documents should be filed
  • if witnesses can be called and if any expert reports are needed
  • how long the hearing is going to be (it could take between an hour and several days).

You will need to pay a hearing fee of $906 (including GST) for each half day that the hearing takes. You have to pay this fee even if the hearing doesn’t fill up all of the half day. You can ask the court to waive (cancel) the fee.

Find out more about getting help to pay the court fees

You may want to get legal advice to help you. You may be able to get:

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