16 Feb 3 Things You Should Know About Buying Property After Divorce  

Originally published 2023 | Updated March 2026 By Bernadette Brennan

Buying property after being out of the market for a long time can be daunting. And even more so if you find yourself newly single.

Getting divorced can be a traumatic time. Not only are you dealing with the end of your relationship, but you may also be dealing with the sale of the family home, the splitting of assets, custody of the children and so many more issues.

In relationships we sometimes fall into patterns — one person may be responsible for the finances and the other primarily cares for the kids and home. It can be very daunting when you’re suddenly faced with all of these decisions on your own.

Here are three tips to help you safely navigate the property buying journey post-divorce. When buying property, it’s not only what you do that’s important — it’s also what you don’t do.

1. Create Your Dream Team

Getting a great team around you is the most effective and efficient strategy in this situation. Outsource what you don’t know to professionals. And one of the best ways to find your dream team is through referral. If you’ve had a friend navigate a similar situation, ask whether they have a family lawyer, financial planner/mortgage broker and buyers’ agent they’d recommend.

2. What NOT To Do

Family law experts strongly advise against jumping in and buying a new home before your formal property settlement is complete. Finalising your property settlement first does two important things: it draws a clean legal and financial line between you and your ex, and it removes any question about where the funds for your new home came from. It’s simply cleaner and safer.

It’s also important to know that the law in this area changed significantly in June 2025. The Family Law Act 1975 was updated to clarify how courts determine property settlements, and now requires courts to consider the economic effect of family violence — including financial and economic abuse — where relevant*. These changes apply to all new and existing proceedings, so if your settlement is still underway, make sure your family lawyer is across them.

Time limits also matter more than many people realise. Married couples have one year from the date their divorce order takes effect to apply for property or maintenance orders, while de facto couples have two years from the date of separation**. Miss those windows and you’ll need court permission to proceed — which isn’t always granted. Don’t let the clock run away from you.

Once your formal property settlement is completed, however, the restraints are off and you’re free to move forward with confidence.

3. What TO Do

Your mortgage broker and/or financial adviser will help you work out exactly how much you can spend on a new home. If you require finance, your mortgage broker will arrange your pre-approval. Once you’re armed with your budget and pre-approval, you’re ready to buy.

This is where an experienced buyers’ agent who specialises in your target suburbs becomes truly invaluable. Buyers’ agents know these areas intimately and will show you off-market properties you’d never find on your own. They also carry out the necessary due diligence and price analysis to ensure you’re buying a quality asset at the best possible price.

As trusted buyers’ agents with over 30 years of combined experience, we help many people navigating divorce to buy property across Sydney. We expertly and supportively guide clients through the market — many of whom haven’t purchased property in years.

Secure housing is a vital right and central to long-term financial health. Sadly, housing insecurity among women in Australia continues to be a serious and growing issue. Older women are the fastest-growing group of Australians facing homelessness, and the number of homeless older women rose 40% between 2011 and 2021***. Behind those numbers are real women — often highly capable, previously home-owning women — who, after divorce or separation, find themselves without a secure foothold in the property market.

We are passionate about helping people realise their home dream. As property experts, we know when to move decisively and which pitfalls to avoid. Importantly, we save you money through astute negotiation and ensure you secure an A-grade property — one that provides both stability and long-term financial security.

We’d love to help you. Please reach out for a confidential discussion.

* Source: Attorney-General’s Department 

** Source: Legal Aid NSW 

*** Source: SACOSS