If your ex-partner has applied to the Court to divide up your relationship property (shared property), you’ll receive a notice of their application for a Relationship Property Order. Usually, their lawyer will arrange to have the documents given to you.
A Relationship Property Order will record the Court's decision about what is considered as relationship property, the value of that property, and how it will be divided between the two of you.
The division of relationship property is complex, you may want to talk to a lawyer about what rights both you and your ex-partner have.
You’ll receive a ‘Notice to Respondent’ along with a copy of the application, an Interim Order (if there is one) and any supporting documentation. Please read the ‘Notice to Respondent’ carefully as it will outline what documents you need to file and, when you need to file them by.
The documents referred to in the ‘Notice to Respondent’ are:
Notice of Defence – Notice of defence - G12 [PDF, 58 KB](external link)
Affidavit – General affidavit form [PDF, 38 KB](external link)
Affidavit of Assets and Liabilities – PR1 Affidavit of assets and liabilities [PDF, 141 KB](external link)
(NOTE: When you print the forms it’s important to print them single sided.)
If you don’t want to be involved in the case, you don’t have to respond. This may be because you agree with the application and any Interim Orders. If you don’t respond, you won’t take part in the court proceedings or be kept informed.
If you want to be kept informed, you must file the Notice of Address for Service.
Complete the Notice of Defence.
If you don’t agree with the application, you’ll also need to complete the Narrative affidavit [PDF, 38 KB] and Affidavit of assets and liabilities – PR1 [PDF, 141 KB] and tell the court why you don’t agree with the proposed changes.
There are no fees payable for filing any of these documents.
Find out more about affidavits and statutory declarations
If you need help to fill in the forms you can call us or visit your local court
The Court will give the other person a copy of your response and tell them what they need to do.
The judge will read the documents and call a short meeting (judicial conference). You and your ex-partner will both need to attend this meeting.
If both of you agree, the judge can make an Order by consent.
If you can’t agree, the judge may direct that you both attend a Settlement Conference. Lawyers may also take part.
If you still can’t agree, there will be a hearing.