Separation and property guides

    Do I need a lawyer for a property settlement?

    Understand legal advice, document preparation, mediation and lending support, including when independent advice matters and what Split Ways includes.

    General information for Australia, not legal, lending or tax advice. Get advice about your circumstances before signing or transferring property.

    You can act for yourself, but advice can still matter

    A lawyer is not compulsory for a property consent-order application. Advice can help you understand your rights, the proposed terms and the consequences of signing. For a binding financial agreement, each person must obtain independent legal advice about prescribed matters.

    Decide what you need help with before choosing a service: understanding a proposed division, reaching agreement, preparing documents, or implementing a plan. Those are different tasks and may need different people.

    Source: FCFCOA: property arrangements when you agree.

    Source: FCFCOA: financial agreements.

    Who helps with which question?

    Choose support by the question you need answered
    Your questionWho to askWhat to clarify
    What are my rights, and should I agree?An independent family lawyerWho they act for and what advice is included.
    Can we resolve the terms we disagree about?A mediator or family dispute resolution serviceWhether the process is suitable, safe and covers property issues.
    Can I fund a buyout or refinance?A mortgage broker or lenderBorrowing assessment, costs and conditions. They do not decide legal entitlements.
    Who prepares and files our application?A document service or family lawyerWhether the package includes individual review, advice and filing.
    What happens with tax and the transfer?An accountant and a lawyer or conveyancerThe property, structure and jurisdiction involved.

    When to get individual legal help first

    Get independent help if you do not understand a proposal, suspect information is missing, feel pressured to sign, or need to respond to existing proceedings. Urgent questions about money, housing or deadlines should not wait for an online document process.

    Businesses, trusts, overseas assets, insolvency, unusual superannuation interests or existing financial agreements can need specialist advice. A service-fit result does not resolve those legal questions.

    If there is family violence or coercion, 1800RESPECT can help you consider support safely. In immediate danger, call 000. For help finding legal and mediation services, start with Family Relationships Online.

    Document preparation, review and advice are different

    Document preparation puts information into an application and proposed orders. Lawyer review adds professional examination within the agreed service scope. Independent advice addresses your own position and whether you should agree to the arrangement.

    Ask who the lawyer represents, whether advice about your entitlements is included and what happens if concerns arise. Do not assume a service preparing an agreed application independently advises both people.

    • Who is the client, and what work is covered by the engagement?
    • Is the quoted fee for preparation, review, advice, filing, or a combination?
    • What further work might require a separate fee?
    • What should my former partner arrange independently?

    What Split Ways includes

    Split Ways helps suitable couples formalise agreed property arrangements through consent orders. The suitability process starts with email verification and asks about agreement and relevant circumstances. It is not a legal assessment of your entitlement.

    SplitBase (A$1,199 including GST) provides document preparation without lawyer review; you handle filing and its costs. SplitPlus (A$1,699 including GST, plus the A$215 court fee) includes lawyer review and filing. SplitPro (A$2,399 including GST, plus the A$215 court fee) adds a 60-minute lawyer consultation. Confirm the scope and total for your situation before paying.

    A free introductory call, where the service fits, explains the service, support and next steps. It is separate from a paid legal consultation and should not be treated as advice about what settlement to accept.

    See current package inclusions and fees

    If you mostly agree, identify what is still open

    Write down the unresolved terms rather than describing the whole settlement as unfinished. A valuation question, finance condition and disagreement about the proposed division each call for different help.

    You can check whether Split Ways fits while a few details remain open. All terms need to be resolved before a consent-order application can be made. If you are unsure whether consent orders or a financial agreement is appropriate, seek independent advice about that choice first.

    Compare financial agreements and consent orders

    A few common questions

    Can a mediator give me independent legal advice?

    Mediation helps people work through disagreement. Ask about the practitioner’s role and qualifications; do not assume they are acting as your own lawyer. You may need independent advice before signing an agreement.

    Can I ask a broker how much property I should receive?

    A broker can help assess finance options. Advice about legal entitlements or whether you should accept settlement terms belongs with an independent family lawyer.

    Do I need to be divorced first?

    No. A property settlement can be addressed before divorce. Divorce, property arrangements and parenting are separate matters, with different processes.

    Check the original guidance

    Sources checked on 20 September 2026. This is an editorial update, not an individual legal or lending review. Check current requirements before acting.

    FCFCOA: property arrangements when you agreeFCFCOA: financial agreementsFCFCOA: property, finances and time limitsFamily Relationships Online: separation supportASIC Moneysmart: using a mortgage brokerFCFCOA: court fees from 1 July 2026

    When you’re ready

    Ready to formalise an agreed property split?

    Check whether Split Ways suits your situation. See the support and fees before deciding. The court decides whether to make the proposed orders.