Property Settlements: What Men and Fathers Need to Know

A Practical Overview of the Four-Step Process After Separation

At Men’s Legal Service, we support men and fathers through the legal challenges that follow separation—including property settlement. Whether you're leaving a marriage or a de facto relationship, understanding your legal position is key to protecting your financial future.

Australian family law follows a four-step process to determine how property should be divided after a relationship breakdown. But before the Court starts calculating who gets what, it must first ask:

Is it just and equitable to make a property order at all?

This principle comes from the landmark High Court case Stanford v Stanford [2012] and applies to both married and de facto couples. In some cases, especially where both parties are financially independent or still share housing, the Court may find that no property adjustment is needed.

Step 1: Identify and Value the Asset Pool

The first step is listing and valuing all assets and debts—regardless of whose name they’re in—as of the date of the hearing.

Assets can include:

• Real estate

• Vehicles

• Bank accounts

• Superannuation

• Businesses or shares

Liabilities (like mortgages or loans) are subtracted to calculate the net asset pool.

Step 2: Assess Contributions

(Per Section 79(4) for marriages and Section 90SM(4) for de facto cases)

The Court considers contributions made by both parties throughout the relationship, including:

• (a) Financial contributions: Income, property purchases, mortgage payments, inheritances

• (b) Non-financial contributions: Renovating the home, managing finances or business

• (c) Contributions to the welfare of the family: Parenting, homemaking, emotional support

• (d) Post-separation contributions: Ongoing financial support or care for children after the relationship ends

For many men, especially fathers who’ve provided financial stability or taken on an active parenting role, this step is key to a fair outcome.

Step 3: Consider Future Needs

(Section 75(2) for marriages and Section 90SF(3) for de facto couples)

The Court looks at whether one party is likely to have greater financial needs moving forward. This can depend on:

• Age and health

• Earning capacity

• Childcare responsibilities

• Access to financial resources

• The standard of living that is reasonable in the circumstances

This step ensures fairness, particularly for fathers who may be entering a single-income household or supporting children long-term.

⚖️ Step 4: Ensure the Outcome Is Just and Equitable

After assessing the facts, the Court must stand back and ask whether the overall result is fair in all the circumstances. This reflects the central principle from Stanford v Stanford—that property settlement is not just a numbers game; it must feel right and reasonable.

Special Considerations for De Facto Relationships

De facto couples must first meet one of the conditions under Section 90SB to be eligible to apply for a property settlement:

• The relationship lasted at least two years, or

• The couple has a child together, or

• One party made substantial contributions, and serious injustice would result if no property order is made

Once this is established, the same four-step process applies.

👨‍👧 Supporting Men and Fathers Every Step of the Way

At Men’s Legal Service, we know that many men face assumptions or feel disadvantaged when it comes to property settlements. We’re here to ensure that:

• Your financial contributions are fairly recognised

• Your role as a parent or homemaker is not overlooked

• Your future needs are properly considered

Whether you’re negotiating a private agreement or facing Court, we’ll provide clear, practical advice and strong advocacy throughout the process.

Ready to Get Advice?

If you’re going through separation and need help understanding your property rights, contact Men’s Legal Service for confidential, supportive legal guidance.

Call: 1800 463 675earn more.