Frequently asked questions
Plain-English answers to the questions people ask most often about property settlement in Australia — and about using this tool.
Is this legal advice?
No. This tool is a decision clarity tool, not a legal tool. It helps you organise your numbers, understand the picture, and arrive at legal advice better prepared. It does not replace advice from a qualified Australian family lawyer, and nothing produced by this tool should be treated as a legal determination.
Is the calculator free?
The core calculator — entering your asset pool, adjusting contributions and future needs, and seeing your split estimate — is free. The downloadable PDF summary report is a paid feature available within the full tool at propertysplitcalculator.com.au.
Do I need to create an account?
No account is required to use the calculator. You can start entering your numbers immediately without signing up for anything.
How accurate is the split estimate?
The calculator models scenarios based on your inputs and the framework used by Australian courts. It is a structured estimate, not a prediction. Actual outcomes depend on the specific facts of your matter, negotiation, and — if it reaches court — a judge’s assessment. Use it as a starting point for thinking, not as a final answer.
What if I don’t have all the exact figures?
Estimates are fine. An approximate property value from a recent comparable sale, or a super balance from last year’s statement, will give you a useful picture. You can update figures as you get more information. The goal is to understand the shape of the situation, not to produce a precise legal document.
Is my data private?
Please refer to the privacy policy at propertysplitcalculator.com.au for details on how your data is handled. The tool does not share your inputs with any third parties for advertising or marketing purposes.
Does this apply to de facto couples?
Yes. In Australia, de facto couples have had the same property rights as married couples under the Family Law Act since 2009. The calculator is designed for both married and de facto separations. See our de facto separation guide for more detail.
Does it matter who left the relationship?
No. Who initiated the separation is not a factor in Australian property settlement. The assessment focuses on contributions during the relationship and future needs — not on who ended it or why.
What if we’ve already been separated for a few years?
You can still use the tool. Property settlement can be finalised after separation — though time limits apply. Married couples generally have 12 months from the date of divorce to apply for property orders. De facto couples generally have 2 years from the date of separation. If you’re outside these windows, seek legal advice as you may need leave of the court to proceed.
What if the other person won’t cooperate?
The calculator works with one party’s inputs, including estimates for the other party’s assets. If the other person is not cooperating with disclosure, that is a matter for a lawyer — courts can compel financial disclosure. Use estimates for now and adjust as more information comes to light.
Does the primary carer automatically get to keep the house?
No. In Australia, property settlement and parenting arrangements are separate legal processes. The fact that one parent has primary care of the children does not automatically entitle them to keep the family home. However, primary care is a future-needs factor that can adjust the overall split. See our guide: What happens to the house when you have kids?
What if my name isn’t on the mortgage or title?
This does not disqualify you from a property entitlement. Under the Family Law Act, both financial and non-financial contributions are assessed — including homemaking and raising children. Legal title is not the same as your share of the property pool. See our guide: What if my name isn’t on the mortgage?
Can I force the sale of the house if my partner won’t agree?
A court can order the sale of a property under the Family Law Act. If you cannot reach agreement, you can apply for property orders and the court can direct that the house be sold and proceeds divided. This process can take 12–24 months and is costly, so most people exhaust negotiation and mediation first. See our guide: Can I force the sale of the house?
How is the house valued for settlement purposes?
Typically by a licensed property valuer or by agreement based on comparable sales. The relevant value is the market value at the time of settlement, not the purchase price or the value at separation. Markets can move significantly during the settlement process, which is one reason some couples prefer to sell and split cash rather than one party buying out the other.
Is superannuation included in property settlement?
Yes. Super is treated as a relationship asset under the Family Law Act and is included in the property pool. This surprises many people — super is often the largest single asset in the pool, particularly for couples where one party has worked full-time throughout the relationship. See our guide: How is superannuation split in a divorce?
What about HECS debt?
HECS/HELP debt is typically treated as a personal liability, not a shared debt, because it attaches to the individual and is not recoverable from a deceased estate or transferable. That said, the circumstances in which the debt was incurred can be relevant to the overall contributions assessment. Seek specific legal advice if HECS is a significant factor in your situation.
We have a business together — how is that handled?
Business interests are included in the property pool and must be valued, which usually requires an accountant or business valuer. The process is more complex than for passive assets, and the final treatment depends on whether one party continues operating the business, whether it is sold, or whether other assets offset its value. This is an area where specialist legal and accounting advice is particularly important.
Can I use the PDF in mediation?
Yes. The PDF summary is designed to be a structured reference document. Many mediators find it useful for clients to arrive with a clear view of the asset pool and their assumptions about contributions — it reduces time spent on fact-gathering and focuses the session on resolution.
Should I show the results to a lawyer?
Yes, and ideally before you finalise any agreement. A lawyer can review your inputs, identify anything you may have missed, and advise on whether the scenario you’re considering is reasonable given the specific facts of your matter. Arriving with the calculator output can make that first meeting significantly more productive.
Can I use this as the basis for a consent order?
No. A consent order is a formal legal document that must be prepared by a lawyer and approved by the court. The calculator output is a modelling tool, not a legal document. However, the numbers you develop here can inform the instructions you give a lawyer when drafting consent orders.
Still have questions? Read the specific guides.
Ready to model your split?
The calculator is free to use. Start with your asset pool and see what the picture looks like before your first legal conversation.