DIY Property Settlement NSW — How to Do It Without a Lawyer

A lawyer-managed property settlement in NSW typically costs $2,000–$5,500 for straightforward consent orders and can exceed $100,000 for contested litigation. If you and your former partner broadly agree on how to divide assets, you can do it yourselves for a fraction of that cost.

The FCFCOA explicitly allows self-represented litigants to file consent orders. There's no legal requirement to use a lawyer. But "allowed" and "easy" aren't the same thing — the process has strict requirements, and mistakes mean rejection and starting over.

What a DIY Property Settlement Actually Costs

Mandatory costs:

• FCFCOA filing fee for consent orders: $215
• Licensed conveyancer for property transfer (if real property is involved): $800–$2,000
• Sworn property valuations (if needed): $300–$600 per property

Optional but recommended:

• Lawyer review of draft consent orders: $500–$1,500
• Actuarial valuation for defined benefit super funds: $500–$1,500

Total realistic cost for a DIY settlement with real estate: $1,300–$3,500

Compare that to the $2,000–$5,500 minimum for a lawyer to handle the entire process, or the $5,000–$15,000+ that contested cases routinely cost.

The Step-by-Step Process

1. Full financial disclosure. Both parties exchange comprehensive financial information — bank statements, super statements, tax returns, property valuations, debt balances, and business financials. This isn't optional. The court will reject consent orders if the financial picture appears incomplete.

2. Build a joint balance sheet. List every asset and every debt, with current values and whose name each is in. Calculate the net asset pool (total assets minus total debts). This is Step 1 of the court's four-step framework, and it's the foundation for everything that follows.

3. Assess contributions. Evaluate what each party contributed — financial (income, deposits, inheritances), non-financial (renovations, business labor), and homemaker/parenting contributions. In long relationships, the starting assumption is often close to equal.

4. Consider future needs. Determine whether an adjustment is needed based on age, health, earning capacity, and childcare responsibilities. If one party sacrificed career progression to raise children, a future-needs adjustment of 5–10% in their favor is common.

5. Agree on the split. Reach agreement on the overall percentage division and the specific allocation of assets. Who keeps which property? How is super being split? Who assumes which debts?

6. Draft the consent orders. Write the proposed orders in numbered paragraphs, each specifying a concrete action — property transfers, super splits, debt assumptions, maintenance provisions, and a mutual release clause.

7. Complete Form 11. Fill in the FCFCOA's prescribed form, which includes the proposed orders and each party's financial statement.

8. Sign and lodge. Both parties sign the Statements of Truth (starting the 90-day execution window), pay the $215 filing fee, and lodge electronically through the Commonwealth Courts Portal or in person at the Sydney registry.

When DIY Works

A DIY property settlement is realistic when:

• Both parties communicate effectively and agree on the general split
• The asset pool is relatively straightforward (house, super, bank accounts, debts)
• There are no trusts, companies, or complex business structures
• Neither party is trying to hide assets
• Both parties are willing to provide full financial disclosure
• There's no history of family violence that creates power imbalances

When You Need Professional Help

Hire a lawyer (or at minimum, get one to review your draft orders) when:

• The asset pool includes businesses, discretionary trusts, or company structures
• There are self-managed super funds (SMSFs) with non-standard investments
• One party has significantly more knowledge of the finances
• There's a large disparity in the proposed split that might trigger court scrutiny
• Spousal maintenance is being claimed
• There's a history of family violence
• You can't agree on values — particularly for real estate or business interests

Even when the full process is DIY, having a lawyer review your draft consent orders before filing ($500–$1,500) is one of the highest-value investments you can make. They'll catch drafting errors that cause rejection, identify missing provisions, and flag enforceability issues.

Amica — The Government's DIY Tool

The Australian government's Amica platform (amica.gov.au) provides AI-assisted guidance for amicable separations. It helps couples work through the four-step property settlement framework and can generate draft consent orders.

Amica works well for simple separations but has significant limitations:

• Cannot handle trusts, companies, or complex business structures
• Cannot process SMSF super splits
• Cannot deal with bankruptcy situations
• Costs $270+GST for agreements, $900+GST for draft consent orders

For straightforward splits, Amica is a viable option. For anything beyond basic asset pools, you'll need a more comprehensive approach.

The NSW Divorce Financial Split Guide provides the worksheets, checklists, and step-by-step framework you need to manage the entire process — from financial disclosure through consent order drafting — at a fraction of the cost of legal representation.

See more New South Wales guides →