De facto property settlement preparation checklist
De facto property matters run under Part VIIIAB of the Family Law Act and require the party to establish the relationship under section 4AA. This checklist walks through preparation.
This is a 12-step preparation checklist for a de facto property settlement under Part VIIIAB of the Family Law Act. It covers the jurisdictional test, asset pool, contributions, section 75(2) factors, and orders.
The checklist
Establish the de facto relationship
Establish the section 4AA relationship — cohabitation, mutual commitment, and the 24-month or child test.
Check the 2-year limitation
Confirm the application is brought within 2 years of separation or seek leave for extension.
Identify the asset pool
List all assets, liabilities, superannuation, and financial resources at the current date.
Value each asset
Obtain valuations for real property, businesses, and superannuation interests.
Trace initial contributions
Identify financial contributions at the start of the relationship and during it.
Document non-financial contributions
Document homemaker, parenting, and non-financial contributions of both parties.
Assess section 90SF(3) factors
Address future needs — age, health, income, care of children, and duration of relationship.
Check superannuation splitting
Confirm superannuation splitting orders and obtain splitting valuations if needed.
Complete Form 13 disclosure
Complete full financial disclosure on Form 13 with supporting documents.
Attempt dispute resolution
Engage in FDR or negotiation before filing. Mediation is encouraged for de facto property disputes.
Draft proposed orders
Draft consent orders or an initiating application with proposed orders and balance sheet.
Advise on tax and stamp duty
Advise on CGT rollover, stamp duty exemption, and any tax consequences of the proposed orders.
When this checklist applies
Use this checklist at the start of any de facto property matter to ensure jurisdiction, timing, and disclosure obligations are met.
Common pitfalls
- Missing the 2-year limitation without extension evidence
- Weak evidence of the section 4AA relationship
- Undervaluing superannuation interests
- Incomplete Form 13 disclosure blocking negotiation
- Not claiming CGT rollover on qualifying transfers
Run this checklist on a real matter
Quillio drafts Form 13 statements, balance sheets, and consent orders for de facto matters. See /practice-areas/family-lawyers or start a free trial.
This checklist is a general guide. De facto property matters are fact-sensitive — always obtain specific advice on jurisdiction and contributions.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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