DIY Property Settlement in the ACT: What You Can Do Without a Lawyer

A traditional property settlement through Canberra family lawyers costs $5,000 to $30,000 per party depending on complexity. A consent order filed without legal representation costs $215. The gap explains why increasing numbers of ACT couples are handling their own property settlements.

But "DIY" does not mean "skip the legal requirements." Every step in the formal process still applies — you are simply doing the work yourself instead of paying someone to do it.

What DIY Actually Looks Like

A self-represented property settlement follows the same Section 79 framework that a lawyer-assisted one does:

1. Build the asset pool — list every asset and liability owned by either party, valued at current market value
2. Assess contributions — each party's financial, non-financial, and homemaker contributions
3. Consider future needs — earning capacity, age, health, care of children
4. Agree on a split that is "just and equitable" — typically between 55/45 and 65/35 depending on circumstances
5. Formalise the agreement through consent orders (Form 11) filed with the FCFCOA

The court does not care whether a lawyer drafted your consent orders. It applies the same test: are the proposed orders just and equitable?

The Consent Orders Pathway (Cheapest and Most Common)

For most ACT couples with straightforward assets — a home, super, some savings, and standard debts — consent orders are the right formalisation method.

What you need to prepare:

• Form 11: The application form identifying both parties, the relationship, and the type of orders sought
• Minutes of consent: The attachment listing every numbered order — who gets what, by when, and how
• Financial disclosure: While not filed with the application, both parties should have exchanged full financial information before agreeing on the split

Filing fee: $215. No concession rate available.

Processing time: Four to eight weeks. A registrar reviews the orders without a hearing and either approves them or sends them back for amendment.

What the registrar checks

The registrar is not rubber-stamping your agreement. They assess whether:

• The proposed orders are within the range of outcomes a court could order
• Both parties appear to have given informed consent
• The orders are clear, specific, and enforceable
• Any superannuation splitting orders comply with the relevant regulations

If the registrar has concerns, they may reject the application with reasons (requiring you to amend and refile) or list it for a short hearing.

Where DIY Works Well

Simple asset pools. A family home, two super accounts, standard debts, and personal property. No trusts, no businesses, no complex financial structures.

Amicable separation. Both parties can communicate constructively and agree on a split without a mediator or lawyer managing the conversation.

Relatively equal contributions. When contributions and future needs are roughly balanced, the "just and equitable" test is easier to satisfy and there is less room for argument about the split percentage.

Where DIY Gets Risky

Defined benefit superannuation. PSS and CSS schemes common among ACT public servants require actuarial valuations under the 2025 Regulations. The family law value is often very different from the member statement balance. Getting this wrong means one party walks away with significantly less than their fair share.

Complex assets. Business interests, trusts, multiple investment properties, cryptocurrency, or foreign assets require specialist valuation and create tax implications that are easy to miss.

Power imbalances. If one party controlled the finances during the relationship, the other may not have full visibility of assets or debts. Without the structured disclosure process that lawyers enforce, hidden assets can go undetected.

High conflict. If communication has broken down, attempting to negotiate directly often escalates rather than resolves the dispute.

The Middle Ground: Limited Scope Legal Help

You do not have to choose between full legal representation and doing everything yourself. Many Canberra family lawyers offer "unbundled" or limited scope services:

• Document review: A lawyer reviews your drafted minutes of consent for $500 to $1,500 — far less than having them draft from scratch
• One-off advice sessions: A single consultation to verify your proposed split is within the just and equitable range
• Super valuation guidance: Help interpreting the CSC's family law valuation of a PSS or CSS interest

The ACT Law Society's referral service can connect you with practitioners who offer these unbundled services.

The ACT Mediation Option

If you cannot agree on the split but want to avoid litigation, the ACT Conflict Resolution Service (CRS) offers family dispute resolution at reduced rates. Government-subsidised mediation through Family Relationship Centres is available on a sliding scale.

Mediation is not mandatory for property-only disputes (unlike parenting matters), but it is strongly encouraged — and attempting "genuine steps" to resolve the dispute is a prerequisite before filing contested proceedings.

The ACT Divorce Financial Split Guide provides the complete DIY toolkit: an asset pool ledger, contributions assessment worksheet, consent order templates, and step-by-step instructions for ACT title transfers, stamp duty exemptions, and superannuation splits.

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