After separation, it can be difficult to know what happens to the home, savings, superannuation, loans and other financial interests. A property settlement is about resolving the financial relationship properly, not simply dividing the assets you can see. Our team helps you understand the information required and the available pathways.
Depending on the relationship, the relevant financial picture can include real estate, vehicles, bank accounts, investments, businesses, superannuation, debts and other interests. Full and accurate disclosure is important before considering an agreement.
Australian family law does not apply a universal 50/50 rule. Relevant considerations can include contributions during the relationship, current and future circumstances and the requirement for a legally appropriate outcome. We explain the framework without predicting a result before reviewing the facts.
Many couples reach agreements by negotiation or dispute resolution. Where appropriate, an agreement may be documented through consent orders or another legally valid process. An informal arrangement is not always a substitute for properly finalising financial matters.
Different deadlines can apply to married and de facto relationships. If you are considering an agreement, have existing court papers or are concerned about disclosure, getting advice early can help you protect your position.
Property advice starts with identifying the assets, liabilities, superannuation and financial resources connected with both parties. Ownership in one person’s name does not necessarily remove an item from consideration. Companies, trusts, businesses, overseas interests, tax liabilities and guarantees may require closer review.
Each party is generally expected to provide relevant financial disclosure. Missing or outdated information can prevent sensible negotiation and may increase cost. We help identify the documents needed, ask focused questions about any gap and explain the consequences of proceeding without a reliable financial picture.
A property settlement is not calculated by applying a fixed percentage. The assessment considers the legal framework and the facts of the relationship, including financial and non-financial contributions, homemaking and parenting contributions, and relevant future circumstances. The court must also be satisfied that making an order is appropriate.
We use the available evidence to give a realistic range or identify areas that need further investigation. Advice should also consider whether a proposal can be implemented. A transfer of real estate, refinance, business arrangement or superannuation split may require input from lenders, accountants or other professionals.
An agreement can often be reached without a contested hearing, but it should be documented through an appropriate legal process. Consent orders and binding financial agreements have different requirements and risks. We explain which option may suit the circumstances and what must happen before documents are signed.
Bring recent statements for property, loans, bank accounts, superannuation, investments and debts, together with tax returns and business records where relevant. Tell us about assets disposed of after separation and any urgent concern about funds, property or disclosure.
Tell us promptly if property may be sold, funds removed, a business changed or mortgage payments missed. Urgent legal options depend on the evidence and circumstances, but delay can narrow practical choices. We also consider whether temporary arrangements for expenses or property use are needed while disclosure and negotiation continue. Where a business, trust or complex asset is involved, early accounting or valuation input may be needed. We explain the purpose of that work before it is commissioned and how it fits into negotiation or court preparation.
Our family law team explains the legal process in plain language and helps you separate urgent decisions from matters that can be negotiated over time. Advice is based on your documents, family circumstances and safety concerns. We are upfront about cost from day one and do not promise a particular result. Advice is grounded in disclosure and a complete financial picture rather than a promised percentage outcome.
No. The appropriate division depends on the facts, legal requirements and what is just and equitable in the circumstances.
Not necessarily. Keeping, transferring or selling property may be considered, depending on finances, negotiations, lender requirements and the overall settlement.
Many matters are resolved by negotiation. Appropriate formal documentation is important so both parties understand what has been agreed and the legal effect.
Call (03) 9111 9945 with a broad summary of the assets, debts and stage of negotiations. If a deadline, proposed agreement or court date applies, mention it immediately. Office hours are Monday to Friday, 9 am to 7 pm. You may also request a callback through the contact form.
Floor 1, 330 Keilor Rd,
Niddrie VIC 3042
Hundreds of five-star Google reviews.
Already have a court date?
Tell us the date when you contact us so we can understand your timeframe.
Whatever family challenges you’re facing, we help you understand where you stand. Compassionate support, fixed fees, and complete clarity.
