Property Settlement
Whether you are considering separation or have already separated, getting legal advice early is essential. We can help you understand your rights and entitlements before you make any agreements.
We work with you to explore the best approach — whether that’s direct discussions with your former partner, negotiation through lawyers, or representing you in court when necessary. Once an agreement is reached, we will prepare all legal documents, arrange transfers, and make any necessary changes to companies or trusts to protect you from future claims.
Our priority is to resolve matters by agreement wherever possible, minimising stress and costs. If court action is required, we act decisively to safeguard your interests and secure the best possible outcome.
What is "property"?
In family law, “property” refers to all assets, liabilities, and financial resources of the parties to a relationship — not just real estate.
It can include:
-
Real estate – the family home, investment properties, vacant land.
-
Personal property – cars, boats, furniture, jewellery, collections.
-
Financial assets – bank accounts, shares, managed funds, cryptocurrency.
-
Business interests – companies, partnerships, or sole trader businesses.
-
Trust interests – whether you are a trustee, beneficiary, or appointor.
-
Superannuation – including Self-Managed Superannuation Funds (SMSFs).
-
Debts and liabilities – mortgages, personal loans, credit cards, tax debts.
How do I ratify a property agreement? In Australia, property settlements can be formalised by either consent orders approved by the family court, binding financial agreements made privately with legal advice, or court orders if parties cannot agree. Consent orders and binding financial agreements make the settlement legally binding and enforceable. It’s important to formalise agreements within strict time limits—12 months after divorce or 2 years after separation for de facto couples—to avoid losing rights to claim later.
Can you do property settlement before divorce? Yes, you can arrange a property settlement before your divorce is final. In Australia, once you’ve separated, you don’t have to wait for the divorce to start sorting out your property and financial matters. You can negotiate a property settlement with your former partner at any time after separation. If you both agree, you can formalise the settlement through consent orders or a binding financial agreement even before the divorce is granted. This can help avoid delays and provide certainty about your financial future.
How does the court decide who gets what? The court looks at financial and non-financial contributions, future needs, and what’s fair in the circumstances.
What are future needs? uture needs factors are considerations courts use to decide how to fairly divide property after separation, focusing on what each party will require going forward. Key factors include: Age and health of each party, which may affect earning capacity. Income and financial resources, including job prospects and superannuation. Care of children, especially if one party has primary responsibility. Ability to earn income, considering education, skills, and work experience. Standard of living during the relationship and ability to maintain it post-separation. Any special needs or disabilities that require ongoing support. Duration of the relationship, which can influence financial dependency. The court weighs these factors alongside past contributions to reach a fair property settlement.
What happens to inheritances? Inheritances are usually treated by the court as an additional contribution made by the person who received them. Whether the other party will share in your inheritance depends on various factors, including when the inheritance was received, its value, the total assets involved, and the future needs of both parties. Our family lawyers can provide tailored advice on how an inheritance is likely to be treated in your specific situation.
Can I settle property matters without going to court? Yes, through negotiations and/or mediation and entering into consent orders, or binding financial agreements.
What happens if my ex-partner hides assets? You should seek legal advice immediately, as there are court processes to deal with hidden assets.
How do we deal with overseas assets? In Australian family law, all assets owned by either party, including those located overseas, are generally considered part of the property pool and subject to division. This means that assets such as overseas real estate, bank accounts, investments, or businesses should be disclosed and taken into account when negotiating or deciding a property settlement.