Property settlement in South Australia is based on a four-step legal process that considers your asset pool, contributions, future needs and what’s “just and equitable.” The court does not automatically divide everything 50/50. This guide explains what happens to homes, super, investments, businesses and inheritances after separation.
How property settlement works — the four-step process
- Identify the property pool
This includes:
- Homes and investment properties
- Superannuation
- Shares and managed funds
- Businesses and trusts
- Cars, savings and personal items
- Liabilities (mortgages, tax debts, loans)
Everything goes into the pool — regardless of whose name it’s in.
- Assess contributions
The law looks at things like:
- Financial contributions
- Non-financial contributions
- Homemaker and parenting contributions
Both partners’ efforts matter — paid and unpaid.
- Consider future needs
Factors include (but not limited to):
- Age and health
- Care of children
- Income and earning capacity
- Financial resources
This often leads to an adjustment in one party’s favour.
- Decide what is “just and equitable”
There is no fixed formula.
The outcome depends on the facts, not a standard percentage.
What happens to major assets?
The family home
Options are broad but can include:
- Buy-out
- Selling and splitting proceeds
- Deferred settlement (e.g., one partner stays until children reach a certain age)
Superannuation
Super can be split between partners; it doesn’t have to be equal.
Businesses and trusts
A valuation may be required.
Options include buy-outs, staged payments or restructuring or retaining shares.
Investments and shares
Both vested and unvested interests may be considered.
Inheritances
Timing matters.
Early-relationship inheritances are treated differently to late-relationship inheritances.
Time limits
Married couples: 12 months from divorce.
De facto partners: 2 years from separation.
What most people misunderstand
- 50/50 is not the default
- “What’s in my name stays mine” is incorrect
- Informal agreements are unenforceable
- Taxes and CGT can be managed smartly with advice
Why Resolve’s approach is different
We aim for strategic, structured settlements that minimise cost and reduce unnecessary conflict. Strong planning, clear modelling and early advice save clients significant time and money.
FAQs
Can we reach agreement without court?
Yes — most people settle through lawyers, mediation or collaboration.
What if my ex won’t disclose?
The court can compel disclosure and impose penalties.
Do I need valuations?
Often yes — especially for businesses or investment properties.
This is not legal advice. This is commentary in nature and is intended to be general educational information readily available elsewhere.
Ready to get more information about your first steps? Book a complimentary, obligation-free 15-minute call with our client care team here.