Property Settlement Lawyers

The property settlement process in Australia often begins with discussions with your former partner about how the asset pool will be split. These discussions can take place in person if you are amicable, through a family lawyer or in mediation. The process begins with full and frank disclosure of all financial assets by both parties.

If agreement is reached, it can be formalised with consent orders or a binding financial agreement. If not, court proceedings can be commenced in the Federal Circuit and Family Court of Australia, although this is not necessary in most matters.

When a property settlement is decided by the courts, the overall settlement will reflect a number of factors, including the contributions of both parties. Under the Family Law Act, property settlements consider three main types of contributions:

• Non-financial contributions include homemaking, parenting, or unpaid renovations that improve the property pool.
• Direct financial contributions are payments like mortgage deposits, property purchases or income used for joint expenses.
• Indirect financial contributions refer to money spent or support given that indirectly benefits the relationship or property pool, such as paying bills or supporting the other party while they study or care for children.

All are weighed up to achieve a just and equitable property division.

The court considers financial contributions, non-financial contributions, future needs, assets owned, and care of children, with the goal of a just and equitable outcome. Other considerations include each party’s financial resources, financial issues, and ability to earn income post-separation. Every effort is made to achieve a fair outcome for both parties.

Some couples can reach agreements between themselves, but even then, it’s a good idea for both parties to receive independent legal advice to ensure the agreement is fair. Mediation or negotiation is a standard method for reaching an agreement, which can then be legally formalised. Court is generally a last resort, but may be necessary – or unavoidable, in some cases.

The property pool includes all assets owned by either party:

• The family home
• Money in bank accounts, savings accounts, shares and investments
• Superannuation entitlements and self-managed super funds
• Business interests and family trusts

Assets acquired before or after separation (assets post-separation) may also be included, depending on relevance to the overall settlement.

Property settlement is commonly finalised via consent orders or a binding financial agreement. These formalise the agreed property division without going to court. Where agreement isn’t reached, parties may need to commence court proceedings for property settlement orders to resolve matters formally through the court process.

Yes. It’s common to finalise property settlement and parenting matters concurrently, either through consent orders or during a single court process. Doing both together may provide a more streamlined approach to resolving the broader family law dispute and avoiding multiple proceedings.

Out-of-court options include negotiation, mediation, collaborative law, and entering a binding financial agreement. Under the family law rules, these methods are encouraged to reduce conflict and legal costs. Early legal advice can help parties explore these avenues effectively and ensure any agreement is legally enforceable.

If no agreement is reached, either party may commence court proceedings in the Federal Circuit and Family Court of Australia. The court will assess all financial circumstances and contributions to make property settlement orders that ensure a just and equitable outcome. You may be required to attend mediation or dispute resolution first.

Spousal maintenance is ongoing financial support that one party may be required to pay the other after separation. It applies when one party cannot meet their reasonable expenses and the other party has the capacity to pay. It’s separate from child support and considers both parties’ financial circumstances.

The Family Law Act 1975 is the key legislation governing divorce, property settlement, spousal maintenance and parenting matters in Australia. It outlines principles for achieving a just and equitable outcome and provides the legal framework for matters heard in the Federal Circuit and Family Courts of Australia.