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Separated or facing a property dispute? Get clear legal advice about your assets, debts, superannuation and financial future.
When a relationship ends, deciding how to divide property and finances can be one of the most difficult parts of separation. Our Melbourne family lawyers can help you understand your financial position, identify the issues that need to be resolved and work towards a fair and legally effective property settlement.
Property pool
Your settlement may involve the family home, other property, savings, investments, businesses, superannuation and debts.
Contributions
Financial and non-financial contributions made during the relationship can be relevant when assessing a property settlement.
No automatic 50/50 split
Australian family law does not automatically require property to be divided equally. Each case depends on its circumstances.
Time limits
Different time limits can apply to married and de facto couples. Getting legal advice early can help protect your position.
Separation can leave you with important questions about the family home, investment properties, bank accounts, businesses, vehicles, debts and superannuation.
A property settlement is the process of resolving the financial relationship between you and your former spouse or de facto partner. It can involve negotiation between the parties, formal agreements, consent orders or court proceedings where an agreement cannot be reached.
The outcome is not simply determined by whose name an asset is in. The circumstances of the relationship, the parties’ contributions and their current and future circumstances can all be relevant when determining a property settlement.
Don’t assume everything will automatically be divided equally.
There is no automatic rule that separated couples must divide their property 50/50. Each matter needs to be assessed according to its particular circumstances and the applicable family law principles.
You and your former partner have separated and need to work out what happens to your home, savings, investments, vehicles and other property.
You have tried to reach an agreement but disagree about the value of the assets, contributions, debts or how the property should ultimately be divided.
You are concerned about undisclosed assets, business interests, bank accounts, debts or other financial information and need advice about your options.
You and your former partner have reached an agreement and want to make sure the settlement is properly documented and legally effective.
We can help identify and assess relevant assets and financial interests, including bank accounts, investments, vehicles and valuable personal property.
Property settlement can involve mortgages, personal loans, credit cards, tax liabilities and other debts. Understanding the overall financial position is important.
Superannuation can form part of the property settlement process. Depending on the circumstances, a superannuation interest may be dealt with through a splitting order or agreement.
We identify the assets, liabilities, financial interests and other relevant matters that may need to be considered as part of the property settlement.
We consider the financial and non-financial contributions made during the relationship, together with the circumstances that may be relevant to the final outcome.
Where possible, we help you negotiate a settlement without unnecessary litigation. If an agreement cannot be reached, we explain the available dispute resolution and court options.
Property settlement is not simply about dividing what you own today. The financial consequences of separation can continue for years if your financial relationship is not properly resolved.
Depending on your circumstances, your property settlement may need to address real estate, savings, investments, businesses, debts, superannuation and other financial interests.
You should also consider how any proposed settlement will be documented. An informal agreement may not provide the same legal certainty as properly prepared and enforceable family law orders or an appropriate financial agreement.
Before agreeing to a settlement, it is important to have a clear understanding of the assets, liabilities and financial interests involved. Full and frank financial disclosure is an important part of the family law process.
Different time limits apply depending on whether you were married or in a de facto relationship. Generally, property proceedings following a marriage must be commenced within 12 months after the divorce takes effect, while proceedings following a de facto relationship generally need to be commenced within two years of the relationship breaking down. The Court’s permission may be required if you need to proceed outside the applicable period.
Divorce & separation
Advice about separation, divorce applications and the legal issues that can arise when a relationship ends.
Parenting & children
Advice about parenting arrangements, children’s living arrangements and disputes following separation.
Consent orders
Formalising agreed property, financial or parenting arrangements through legally enforceable orders.
All family law matters
Advice and representation across a range of family law disputes and relationship breakdown matters.
A property settlement is the process of resolving the financial relationship between separated spouses or eligible de facto partners. It may involve property, assets, debts, superannuation and other financial interests.
The parties may reach an agreement themselves, negotiate through lawyers or dispute resolution, formalise an agreement through consent orders or, where necessary, ask the Court to determine the matter.
No. Australian family law does not automatically require separated couples to divide their property equally.
The circumstances of each relationship need to be considered, including relevant contributions and the parties’ current and future circumstances. The Court must be satisfied that making a property order is just and equitable in the circumstances.
Depending on the circumstances, the financial picture may include the family home, other real estate, bank accounts, investments, vehicles, businesses, debts, superannuation and other financial interests.
The specific property pool will depend on the individual circumstances of the relationship.
For married couples, an application for financial or property orders generally needs to be made within 12 months of the divorce order taking effect.
For eligible de facto relationships, the general time limit is two years from the breakdown of the relationship.
Have your property documents, financial information or separation paperwork nearby when you call.
Floor 1, 330 Keilor Rd,
Niddrie VIC 3042
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Already have a court date?
Tell us the date when you contact us so we can understand your timeframe.
Tell us what has happened, when you separated, whether you have reached any agreement and what assets or financial issues need to be resolved.
We can explain your legal position and the practical steps available to you.
