Short Marriage Property Settlement in WA: What Happens Next?

Separation after a short marriage or relationship can feel like being dropped in the deep end.

You may be wondering whether the law treats short marriages differently, what happens to a house deposit you put in just before the wedding, or whether you have to get divorced before sorting out money. The date of separation is crucial in short marriages as it marks the end of the marital relationship and impacts legal proceedings.

It is advisable to seek guidance from family lawyers ahead of making any property settlement decisions, as their expertise can help ensure your interests are protected throughout the process.

This guide explains the process in Western Australia; with practical steps you can take now so you can move forward with confidence.

Quick note: this is general information for married or de facto couples in Western Australia. It isn’t legal advice. It is important to take tailored legal advice before making important financial decisions following the breakdown of your marriage or de facto relationship..

Can you file for divorce if you married less than two years ago?

Yes. From 10 June 2025 the old requirement for a counselling certificate for couples married less than two years was removed. You apply for divorce on the same footing as anyone else, as long as you meet the usual eligibility and separation requirements.

In WA, divorce applications are made online through the eCourts Portal of Western Australia. You can finalise property either before or after you file for divorce, but note the time limit below.

How financial property settlements are decided in WA

When couples separate, the Family Court looks at your financial situation as a whole and aims for an outcome that is just and equitable through the division of property between the parties. In practice, courts follow a five‑step process in the form outlined below:

Identify and value the existing combined asset pool and debts
Decide whether it is appropriate to adjust interests at all
Assess each party’s contributions (financial, non‑financial, homemaker and parent)
Consider each person’s current and future needs
Check that the proposed outcome is fair overall

This form of analysis is subject to the relevant provisions of the Family Law Act 1975, which guide the court in property settlement matters. The basis for the court’s decision is a comprehensive assessment of all the circumstances and various factors relevant to the case, including the contributions and needs of the parties.

Do short marriages change the calculation?

In Australia, short marriages are typically considered to last less than five years. The terms used to define relationship duration, such as ‘short marriage’ or ‘de facto relationship’, are not always explicitly set out in legislation but are understood through legal precedent.

The legal implications of the relationship’s length and terms are significant in property settlement cases, as the court assesses what is just and equitable. Short marriages are often contrasted with relationships that last for decades, where the approach to property division may differ substantially.

Short relationships often put more weight on initial contributions. If one person brought in most of a house deposit, significant savings or other assets shortly before the wedding, that can carry substantial weight in a short, child‑free marriage, particularly where finances were kept separate.

Financial interdependence is usually less in short relationships, with the focus on the contributions each party made to the joint asset pool. At the same time, non‑financial contributions and future needs are still considered.

Legal Aid WA notes there is no automatic right to an adjustment and, in very short relationships with separate finances, the court may decide it isn’t fair to change existing legal ownership at all. That is fact‑specific, which is why early, personalised legal advice is important.

Obtaining legal advice is essential for navigating the complexities of property settlements in short marriages.

Timing that matters: the 12‑month deadline after divorce

If you are married, you generally have 12 months from the date your divorce becomes final to file a court application for property settlement or spousal maintenance.

Missing the deadline means you need the Court’s permission to proceed, which isn’t automatic. This is one reason many people choose to resolve property first, then file for divorce.

A step‑by‑step plan for a short‑marriage settlement

1) Map the property pool

Establish a clear account of all existing marital assets, including any business interests, and determine their current worth. List everything either of you owns or owes, jointly or separately. Include savings, vehicles, real estate, superannuation, businesses, shares, cryptocurrency, tax liabilities and credit cards. Full and frank financial disclosure is required and the court values assets at the time of negotiations or proceedings, not at separation.

2) Gather documents

Bank and loan statements, superannuation statements, payslips, tax returns, property appraisals and purchase records for major items will help value the existing pool and could assist to identify contributions. Ensure you include records of payments made and financial contributions paid by each party. Legal Aid WA’s guides to valuation and disclosure are helpful starting points.

3) Sense‑check your contributions story

Establish initial financial contributions by noting what each of you brought in at the start, what was added during the relationship and after separation, and any gifts or inheritances. In short marriages, initial contributions often carry greater weight, but they are still weighed alongside non‑financial and parenting contributions.

4) Consider future needs

Health, ages, income prospects, care of children and other listed circumstances are relevant. A party may be unable to work or contribute due to health or other reasons. The court, in its wide discretion, considers whether adjustments are reasonable.

5) Choose a resolution pathway

Navigating family law property settlement cases can be difficult, but in many cases, disputes are resolved through negotiation. Most short‑marriage matters settle without a hearing.

Your main options are:

Negotiation or Family Dispute Resolution (FDR): a structured mediation process to reach agreement about dividing property.
Consent orders: you can formalise an agreement by filing an Application for Consent Orders. The court must determine whether the proposed agreement is fair before making orders. Benefits include finality, enforceability, nominal transfer duty on eligible property transfers and access to CGT rollover relief.
Binding Financial Agreement (BFA): a private agreement that must meet strict legal requirements. Take legal advice on whether a BFA or consent orders better suits your situation.

6) Remember superannuation

Superannuation forms part of the overall property pool and can be split by court order (including consent orders) or by a superannuation agreement. The fund’s trustee must be given prior notice of the parties’ proposed superannuation splitting orders.

7) Understand taxes and transfer duty

Transfers made under court orders or a qualifying agreement usually attract CGT relationship breakdown rollover so tax is deferred until a later sale by the receiving party. In WA, transfers of real property made under appropriate instruments after relationship breakdown are generally charged nominal duty.

It is important you take accountancy advice on the tax consequences (if any) of a family law property settlement.

Common short‑marriage scenarios

Short marriage, no children, separate finances: outcomes often lean toward recognising initial contributions, adjusted for any joint debts and the impact each person’s efforts had on the asset pool, as well as the contributions or circumstances of the other party.
Short marriage with a new baby or primary carer responsibilities: care commitments and reduced earning capacity can prompt an adjustment in favour of the primary carer. Child support may also be relevant when considering the needs of the primary carer and the other party.
Short marriage with a jointly purchased asset: contributions to acquisition, improvement and preservation are weighed, then a fairness check is applied to the final split. It is emphasised that legal principles guide the court’s approach to fairness, ensuring equitable outcomes for both parties.

Looking after yourself while you sort things out

Sort day‑to‑day money: set a simple budget so you know your essentials are covered during negotiations.
Protect your information: update passwords and consider separating shared accounts.
Get support: speaking with a counsellor or trusted friend can make decisions clearer in a stressful time.
Choose your next step: a short call with a lawyer can map a realistic pathway and timeline so you feel in control.

You do not need to navigate this alone

If you’re unsure how your initial contributions or short relationship will be treated, early advice is invaluable.

You can start with a plain‑English overview of the property settlement process, then get tailored guidance about your numbers, your contributions and the right paperwork for certainty. Legal guidance can help protect rights and prevent costly mistakes during property settlement negotiations in short marriages.

When you are ready, speak with Perth Divorce Lawyers. We’ll help you understand your options, negotiate a fair split and finalise it properly so you can move forward with confidence. Contact us today for assistance.

FAQs

Do we have to be divorced before we settle property?

No. Many couples negotiate and formalise property by consent orders before filing for divorce. If you divorce first, remember the 12‑month time limit to start court proceedings if things are not yet formalised.

Is there a standard percentage for short marriages?

No. There is no automatic formula. Short relationships often highlight initial contributions, but the Court still weighs non‑financial contributions and future needs, then checks the overall fairness.

What happens to my house deposit if I put it in before the wedding?

In a short marriage with separate finances and no children, a substantial initial contribution like a deposit may be given significant weight. The exact outcome depends on all the facts, including later contributions and needs.

What is the deadline to apply for property orders after divorce?

You generally have 12 months from the date your divorce becomes final to start a property or spousal maintenance application if matters aren’t already formalised. After that, you need the Court’s permission to proceed.

How is superannuation treated?

Super is part of the property pool and can be split by consent orders or court order. The fund trustee must be notified in advance.

Why use consent orders instead of an informal agreement?

Consent orders give finality and enforceability. They also enable nominal transfer duty on eligible WA property transfers and allow CGT rollover to apply to asset transfers under the orders.

We were married less than two years. Do we still need a counselling certificate?

No. From 10 June 2025 the counselling certificate requirement was removed.

How are property settlement cases decided in court?

If you cannot reach agreement, your case will be heard by the Family Court. The Court will consider all evidence and arguments about contributions, future needs, and other relevant factors before making a decision.

What happens if a party disagrees with the court’s property settlement decision?

If a party disagrees with the decision, they may appeal. In some cases, the husband appealed the property settlement, arguing that his initial financial contributions should be given more weight. A husband’s appeal often focuses on how the Court valued those initial contributions and whether the division of assets was just and equitable.

Sources

· Family Court of Western Australia: Applying for a divorce — https://familycourt.wa.gov.au/A/application_divorce.aspx Family Court of Western Australia

· Federal Circuit and Family Court of Australia: Practice and procedure update – Family law form updates (June 2025) — https://www.fcfcoa.gov.au/news-and-media-centre/updates-profession/june2025-fla-forms Federal Circuit Court

· Legal Aid WA: How the Court decides property cases — https://www.legalaid.wa.gov.au/find-legal-answers/family/dividing-property/how-court-decides-property-cases legalaid.wa.gov.au

· Family Court of Western Australia: Consent orders — https://familycourt.wa.gov.au/C/consent_orders.aspx Family Court of Western Australia

· Family Court of Western Australia: Application for consent orders — https://www.familycourt.wa.gov.au/A/application_consent_orders.aspx Family Court of Western Australia

· Federal Circuit and Family Court of Australia: Application for consent orders (DIY kit) — https://www.fcfcoa.gov.au/fl/forms/app-consent-kit Federal Circuit Court

· Attorney-General’s Department: Superannuation splitting — https://www.ag.gov.au/families-and-marriage/families/superannuation-splitting Attorney-General’s Department

· Family Court of Western Australia: Superannuation splitting — https://www.familycourt.wa.gov.au/S/superannuation_splitting.aspx Family Court of Western Australia

· Australian Taxation Office: Relationship breakdown and capital gains tax (overview) — https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/relationship-breakdown-and-capital-gains-tax Australian Taxation Office

· WA Department of Finance: Duties fact sheet – Marriage and de facto transfers — https://www.wa.gov.au/government/publications/duties-fact-sheet-marriage-and-de-facto-transfers Western Australian Government

· Legal Aid WA: Making decisions about property — https://www.legalaid.wa.gov.au/find-legal-answers/family/dividing-property/making-decisions-about-property