Property settlement
Property settlement is one of the most important steps following separation. It involves identifying and dividing assets, liabilities, and financial resources including superannuation in a way that is fair and equitable considering your circumstances.
Assets
Property, savings, superannuation, investments and more.
Contributions
Financial and non-financial contributions are both assessed.
Future needs
Your circumstances going forward are taken into account.
UNDERSTANDING THE SERVICE
Understanding property settlement
Everybody's financial circumstances are different. Property settlement is not simply about dividing assets, it requires a structured assessment of your financial contributions, non-financial contributions, and future needs.
This may include:
Financial and non-financial contributions towards acquiring, maintaining and/or improving assets
If there is any impact on contributions as a result of domestic and family violence
Assessment of your homemaking duties and/or parenting duties for a child during the relationship
If there is any wastage of the parties financial resources
Assessment of whether any proposed orders impact upon your earning capacity
We help you understand how these factors apply to your situation so you can make informed decisions.
THIS MAY APPLY IF YOU..
Have recently separated and share assets
Are unsure what you are entitled to
Have complex assets or business interests
Need to formalise a property agreement
Are approaching or have passed time limits
HOW WE HELP
What we can assist with
Clear advice on your financial position and entitlements, with a structured pathway towards resolution.
Property settlement advice
Understanding your entitlements and financial position after separation.
Superannuation splitting
Advice on splitting superannuation as part of your settlement.
Negotiation and mediation
Resolving matters efficiently through agreement where possible.
Consent orders
Formalising agreements through court-approved consent orders.
Complex assets
Understanding and explaining business interests, investments, trusts and multi-property related matters to you in a straightforward manner.
Court proceedings
Representation if the matter cannot be resolved by agreement.
Start with a clear understanding of your position
The right advice early can make a significant difference to your outcome.
OUR PROCESS
How we'll work together
You don’t need to have everything figured out. We’ll guide you based on your situation.
1.
Consult
We take the time to listen and understand your financial situation and what matters most to you.You will receive clear advice on your position and the options available.
2.
Plan
We develop a strategy tailored to your circumstances.This includes identifying the asset pool, considering contributions, and outlining the steps required to move forward.
3.
Work together
We assist with financial disclosure, negotiation, obtaining valuations if required, developing a property pool, attending a mediation and commencing court proceedings if required or responding to court proceedings.
4.
Resolve
We work towards an outcome that is practical, fair, and aligned with your long-term goals.
How property settlement works in Australia
The Court applies a four-step framework to all property matters.
Identify the pool
Access contributions
Future needs
Just and equitable
Questions
The right information can help you make confident decisions. Here are some common questions and key points to understand.
No. There is no automatic 50/50 split. Outcomes depend on financial and non-financial contributions and future needs. Each matter is assessed based on its specific circumstances.
This can include real estate, jewellery, artwork, collections, savings, superannuation, investments, vehicles, etc — regardless of whose name they are in.
Not always. Many matters are resolved through negotiation or mediation. Court is typically a last resort where agreement cannot be reached.
Timing depends on the complexity of the matter and whether agreement can be reached. Some matters resolve quickly, while others take longer.
Yes. If you are divorced, you must commence property proceedings within 12 months of your divorce becoming final. If you are in a de facto relationship, you have 24 months after separation to commence proceedings.
If you have exceeded these timelimits, you will have to seek leave from the court to proceed out of time. If you require assistance seeking leave to proceed out of time, book a consultation.
Still have questions?
Get in touch and we'll answer what you need to know.
Take the next step
You don’t need to have everything figured out. We’re here to help you understand your position and what to do next.