Property Division in Short Relationships
Property Division in Short Relationships
If you were in a relationship for only a short time—whether married or de facto—you might be wondering how your property will be divided if it ends. Short relationships often bring unique challenges: limited shared assets, overlapping pre-relationship property, and different expectations of what’s fair.
This guide walks you through how Australian family law handles these cases, why they’re treated differently, what case law reveals, and how you can protect your interests.
Understanding What Counts as a Short Relationship
Australian law doesn’t define “short relationship” precisely, but in practice it generally refers to relationships that lasted under five years—often much shorter. This applies equally to marriages and de facto relationships.
For de facto couples, a settlement isn’t guaranteed if your relationship lasted less than two years—unless you have children or someone made a “substantial contribution” beyond the norm. That contribution doesn’t have to be financial—it can include homemaking, supporting the other’s business, or other indirect but significant impacts.
Understanding where you may stand is crucial: after a brief relationship, courts often start with the assumption that each of you keeps what you brought in—unless there is something extra that tips the balance.
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The Legal Framework: Step by Step
- Regardless of how long your relationship lasted, the court applies a familiar framework:
- Identify and value your assets and liabilities: Even in short relationships, you must disclose everything—assets held before, during, and after the relationship. While the pool may be small, clarity is essential.
- Consider whether a settlement is even necessary: Short relationships may not generate joint assets or obligations. The court first asks whether making an order is just and equitable before diving deeper.
- Examine contributions—financial and non-financial: This includes money infused into the relationship and unpaid work like housework, emotional support, or enabling the other to earn more. For short relationships, the court closely examines whether contributions were truly exceptional.
- Assess future needs: If children are involved or one partner faces health or financial disadvantages, this can influence outcomes even after a short relationship.
- Reach a fair and just outcome: Courts aim for equity. That may mean no property order if nothing was shared or merging assets and liabilities in a way that reflects fairness, even if unequal.
Why Short Relationships Require Nuanced Handling
Limited shared property
Brief partnerships often lack joint investments or blended financial accounts. Courts need to determine whether any real asset pooling occurred—or whether each party retained distinct property.
Value of non-financial contributions
Sometimes one partner sacrifices significantly—like relocating for the other’s job or maintaining a home while the other builds savings. Courts consider these sacrifices carefully, especially when financial contributions were limited.
Pre-relationship inheritance or assets
Property owned before the relationship remains yours unless it was integrated into a shared asset pool. But complexity arises when pre-relationship assets were used to build something new during the relationship.
Speed of process
Because short relationships involve smaller, clearer asset pools, courts often take simpler, faster approaches—like looking at each asset separately instead of global percentage splits.
Key Case Law that Shapes Short Relationship Settlements
Stanford v Stanford (2012)
This High Court case reaffirmed that courts must first determine whether a property settlement is necessary or just and equitable. For short relationships, the answer often lies in whether meaningful joint contributions were made.
G & G (2006)
This decision emphasised that in short marriages (five years or less), courts frequently apply an asset-by-asset approach rather than an overall split, because individual ownership is easier to trace.
Armstrong Example—Short De Facto Relationships
For de facto relationships under five years without children, the court usually assumes each keeps their own property. But if one partner makes substantial contributions, even if the financial result appears minimal, courts may apply equity to adjust property ownership accordingly. This may involve valuing contributions such as initial property purchase or unpaid domestic support.
Real-Life Scenarios You Might Recognise
Scenario 1: A de facto couple for 18 months, no children
You entered a modest de facto relationship, sharing rent and household chores without pooling assets. Later, your partner asks for half of your savings built before or during the relationship. In this case, without substantial contributions or children, the court is unlikely to adjust the default assumption that you each leave with what you brought in.
Scenario 2: Short marriage of three years with a child and a house
You have been married for three years, purchased a property together, and have a young child. The asset-by-asset method likely applies—you may both own the property jointly with regard to your contributions, and childcare responsibilities will influence any financial adjustment.
Scenario 3: One partner supported the other’s studies
In an 18-month relationship, you paused your career to support your partner through university. They then built a thriving professional practice. Even in a short relationship, the court might recognise your non-financial support as a contribution deserving compensation—possibly through property or a lump sum payment.
What You Should Do Next
Get legal advice early
If you’re unsure whether your relationship qualifies for property division, a family lawyer can clarify the likelihood and how to present contributions or needs effectively.
Collect records
Gather financial documents, including property deeds, bank statements, and super statements—even if coverage was independent. Non-financial records (like care diaries or evidence of support) can also help.
Be realistic
Short relationships often result in limited adjustments—especially when assets predated the relationship or contributions were small.
Consider mediation
Mediation can avoid court and help you reach an agreement faster and more amicably. Even after short relationships, you can still formalise outcomes fairly and respectfully.
Think strategically when assets overlap
If one partner’s pre-relationship assets enabled shared benefits (like hosting, paying bills, or relocating), consider negotiating a short-term financial recognition—especially if formal orders aren’t appropriate.
Common Questions You May Have
There is no statutory minimum. But for de facto relationships under two years, settlements are only allowed if there are children or substantial contributions.
Yes—especially if there are children or if one partner made large contributions. Even short unions can lead to adjustments if fairness is at stake.
Generally, those belong to you. But if they were used to benefit the relationship—like helping purchase a home—they may be considered in assessing fairness.
Yes. The court’s mandate is fairness. If one party disagrees, the court may step in—after careful consideration—to ensure equitable outcomes.
Final Thoughts: Make Short Relationships Work Fairly
Short relationships can feel too brief to warrant formal settlements, but the law sees fairness first—and brevity second. If there were shared expenses, non-financial support, property bought together, or children involved, you have rights to a fair outcome.
Act early. Get advice. Keep records. And choose peace and accuracy over conflict and assumption. That way, no matter how short your relationship was, your future remains secure and fair.