How to Apply for Property and Financial Orders After Separation in Australia
If you and your former partner cannot agree on dividing property or financial support, you may apply for court orders. Check the filing deadline, complete the required pre-action steps and file an Initiating Application with supporting financial documents.
AU Australia
Family ~ 4 min read
5 FAQ
Updated 2026-09-25
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Try to resolve the financial dispute and exchange relevant financial information before filing, unless an exemption applies. If you still cannot agree, file an Initiating Application and the required supporting documents with the Federal Circuit and Family Court of Australia, usually through the Commonwealth Courts Portal. Apply within 12 months after a divorce becomes final or within two years after a de facto relationship ends; a late application generally needs the Court’s permission.
What you need
- An Initiating Application stating the financial or property orders you seek.
- A Genuine Steps Certificate addressing the pre-action procedures or an applicable exemption.
- A Financial Statement, Financial Questionnaire and Undertaking as to Disclosure, as applicable to your case.
- Relevant financial records for disclosure to the other party, including information about assets, debts, income and superannuation.
- An affidavit if you seek interim orders or need permission to apply after the time limit; additional documents may be required in your circumstances.
- A copy of any current family violence order affecting a party, if applicable.
Eligibility
A person whose marriage or eligible de facto relationship has broken down may seek property or financial orders if the Court has jurisdiction. For a de facto claim, additional relationship and geographical criteria apply. Western Australian de facto property matters may follow a different court process, so check the appropriate court before filing. Married applicants do not have to wait until divorce to seek property orders. The usual deadline is 12 months after divorce becomes final for a marriage, or two years after the relationship breaks down for a de facto couple. If the deadline has passed, seek advice promptly about applying for permission to proceed.
How to do it
- Check your deadline and court. Establish the date your divorce became final or your de facto relationship ended, and check that the Court can hear your claim.
- Complete the pre-action steps where required. Exchange relevant financial information, consider dispute resolution where safe, and communicate your claim and a genuine settlement offer. The procedures include giving the other party time to respond. An exemption may apply, including where family violence makes the process unsafe or the matter is urgent.
- Prepare the orders and documents. Complete an Initiating Application, Genuine Steps Certificate, Financial Statement, Financial Questionnaire and Undertaking as to Disclosure as required. Prepare an affidavit if seeking interim orders or permission to file late. Check whether your case requires additional documents, including superannuation material.
- File and pay the fee. Register for the Commonwealth Courts Portal and use its guided or unguided filing process. If you cannot file online, follow the Court’s instructions for filing at a registry. Apply for a fee exemption if eligible.
- Serve the filed documents. Arrange service on the other party in accordance with the Court’s service rules, then follow the directions and dates issued for your case. Continue to meet your financial disclosure obligations throughout the proceedings.
When this application is appropriate
Property and financial orders can address how assets, debts and financial resources are dealt with after separation, and may include maintenance. If the parties cannot reach an agreement, one party can start proceedings by filing an Initiating Application. The Court may resolve the matter after further negotiations, a hearing or a trial. If you reach an agreement, the separate consent orders process may be appropriate.
Deadlines and pre-action duties
For a marriage, the usual filing limit runs for 12 months from when the divorce order takes effect, not from the date of separation. For an eligible de facto relationship, it is usually two years from the breakdown of the relationship. Filing after the applicable period generally requires an application for the Court’s permission supported by an affidavit. Some types of application have different rules, so obtain advice if the deadline is in doubt. See the separate guide to applying for divorce if you also need to end the marriage legally.
Before starting a financial case, parties generally must make a genuine attempt to resolve the dispute. The pre-action procedures include financial disclosure, appropriate dispute resolution and written communication about the claim and proposed settlement. They need not be followed where an exemption applies, including where doing so would be unsafe. Explain your compliance or exemption in the Genuine Steps Certificate.
Filing and what happens next
The Commonwealth Courts Portal accepts an online Initiating Application and supporting documents. The forms required depend on the orders sought. The Court generally lists the case and gives directions after filing and service; filing does not itself determine how the property will be divided. Keep financial information current and comply with disclosure and court directions. Consider obtaining independent legal advice, particularly for complex assets, superannuation, urgent interim relief or an expired filing deadline.
Frequently asked questions
Do I need to be divorced before applying for property orders?
No. Married people can apply after separation without first obtaining a divorce. Once the divorce becomes final, the usual 12-month filing limit applies.
What if my former partner refuses to negotiate?
Record the reasonable steps you took to comply with the pre-action procedures, including requests for disclosure and any settlement proposal. You may still file an Initiating Application and explain those steps in your Genuine Steps Certificate.
Can I apply after the filing deadline?
You may ask the Court for permission to apply out of time. This generally involves requesting an interim order and filing an affidavit explaining the circumstances. Permission is not automatic.
Can I file online?
Yes. The Court provides guided and unguided Initiating Application options through the Commonwealth Courts Portal. Registry filing instructions are available if you cannot file online.
Does this process cover parenting arrangements?
You can seek parenting and financial orders in the same Initiating Application, but parenting claims have additional requirements and documents. See the separate guide to applying for parenting orders.
Official sources
Federal Circuit and Family Court of Australia — How do I apply for financial or property orders?Federal Circuit and Family Court of Australia — Financial or property: We cannot agreeFederal Circuit and Family Court of Australia — Pre-action procedure for financial casesFederal Circuit and Family Court of Australia — Family law feesFederal Circuit and Family Court of Australia — Financial proceedings practice directionFederal Circuit and Family Court of Australia — De facto relationshipsRelated procedures
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