Can You Get A Financial Settlement Without A Divorce?
Learn about the distinction between a divorce and a financial settlement, and the separate processes and time limits involved.
Financial settlement vs divorce
Divorce and property settlement are separate legal matters — you don't need one to get the other. Until a divorce is granted, the time limitation for initiating property settlement proceedings doesn't begin, so you could technically remain separated for a decade without finalising financial matters. Delaying still creates risk, as accumulating assets like superannuation can complicate a later settlement.
Property settlement before divorce
The Family Law Act 1975 requires 12 months of separation before you can apply for divorce, but a property settlement can be pursued immediately after separation — and we recommend doing so promptly.
What a property settlement covers
Dividing assets, liabilities, real estate, superannuation, investments and debts. Courts weigh direct and indirect financial contributions, non-financial contributions, future needs of each spouse, and the welfare of any children. It's recommended to finalise a property settlement within 12 months of obtaining a divorce to avoid legal complications.
Binding Financial Agreements
A legally enforceable document outlining asset division, which can be made before, during, or after marriage. Both parties must obtain independent legal advice and the agreement must be signed with lawyer verification.
Frequently asked questions
Can I get a divorce without a financial settlement?
Yes — they are separate processes, but it's still important to resolve your finances promptly.
What happens if I delay?
Complications can arise from changing asset values and new debts. You have 12 months after a divorce to finalise your settlement.