Property Settlements

If your relationship with your spouse or de facto partner breaks down, you will need to consider how to divide up your property. We provide advice about what you are entitled to and assist you in reaching agreement with your former partner. In all cases, we pursue early resolution via negotiation and mediation.

What is a family law property settlement?

A property settlement is simply an arrangement between you and your former partner to divide assets, liabilities, and financial resources, and can be made with or without the assistance of the Court.

The type of property that is covered by these agreements is wide, and includes homes, cars, jewellery, superannuation, money in bank accounts, pets, business interests, inheritances and more.

The settlement can include assets that were acquired during the relationship and also before or after the relationship.

Who gets what?

Many people think that their assets and any jointly owned property will be split on a 50/50 basis however this is not always the case.

The Court uses a structured and rigorous method to work out how property should be divided following the breakdown of a relationship based on rules set out in the Family Law Act. The method takes into account what you and your former partner have contributed (both in a financial sense and in other ways such as looking after children) and other factors such as age, health, capacity for employment and family commitments.

It sounds complicated, and there can be many points for disagreement to occur, however most property matters can be sorted out promptly and smoothly with the right lawyer, sensible legal advice, and the right attitude.

Our experienced, dedicated, and compassionate family lawyers can help you protect your interests when it comes to dividing property – so you can look forward to your future with more confidence.

How we can help

We can assist with:

advising on entitlements and obligations in a property settlement
negotiating a fair outcome
mediation, arbitration, or collaborative process for property settlement
preparing an application for consent orders
preparing a Binding Financial Agreement
resolving disagreements about property matters and, if necessary, commencing proceedings in the Family Court
responding to an Initiating Application for Property Orders.

We're here to help you.

Make an enquiry to find out where you stand.

If you have questions, would like some more information about us or our services or simply want to speak to someone, make an enquiry and a member of our Family Law team will be in touch with you shortly.

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