Property Settlement Lawyers in Melbourne

Before you agree to anything, know your range

Most people negotiate a property settlement once in their life, against someone who may have had months to prepare. The single most useful thing you can do is find out your realistic range before you say yes to anything. A settlement that is $50,000 light because you did not know super was on the table is not a saving on legal fees.

Call 1800 130 120 and we will give you an honest first view for free: what goes in the pool, roughly where your entitlement sits, and what it would cost to get there.

How your share actually gets worked out

The Family Law Act sets out how property is divided in four steps. The approach is the same whether you were married or in a de facto relationship, and it is the same one our family lawyers apply to every file.

First, the asset pool is identified: the home, investment properties, superannuation, businesses, trusts, shares, vehicles and debts, in any name, anywhere in the world. Where one of you is heading into bankruptcy, that pool changes shape, because a trustee and a queue of creditors now have an interest in assets you were expecting to divide between the two of you. Second, contributions are weighed, and raising children or running the household counts alongside wages and inheritances. Third, current and future circumstances are considered: age, health, earning capacity, who has care of the children. Fourth, the court checks the outcome is just and equitable overall.

Two recent changes matter for real cases. The court must now consider the economic effect of family violence, including financial abuse, when it weighs contributions and future needs. And pets are dealt with under their own rules: the court can decide who keeps a companion animal, and must consider any history of animal abuse when it does.

Disclosure: you cannot divide what you cannot see

Both parties owe a duty of full and frank financial disclosure, and it is written into the Family Law Act as an obligation you can be held to. Tax returns, payslips, bank and super statements, business financials and trust documents all have to be produced. If your former partner ran the finances and you never saw a statement, that is a problem we solve constantly: we know what to request, what a business is worth getting valued, and when the numbers do not add up. A party who hides assets risks the court drawing its own conclusions and reopening the deal later.

The deadlines are real

Married couples have 12 months from the date the divorce order takes effect to commence property proceedings, which makes the timing of a divorce application a decision worth thinking about rather than a form to get out of the way. De facto couples, including same-sex partners, have two years from separation. After that you need the court’s permission to bring a claim, and there is no guarantee you will get it. If your separation is more than a year old and nothing is signed, treat this as urgent.

Assets can disappear while a deadline runs. If you are worried the family home will be sold or refinanced before anything is signed, raise it on the first call: whether a caveat on the property will hold, or whether an urgent court order is the better tool, depends on the interest you actually have in that title.

Keep the house, split the super, or sell: the right answer depends on your numbers

For most separating couples the home is the biggest asset and the hardest decision. One party keeping it with a superannuation offset, selling and splitting, or holding it until the children finish school are all workable, and each lands differently depending on what you can borrow and what the rest of the pool looks like. We run the numbers with you before you commit. If you want the mechanics from start to finish first, our divorce settlement guide walks through the whole process in plain language.

Get advice on your settlement

How deals get made binding

Most settlements never see a courtroom. They are negotiated between lawyers or at mediation, then formalised one of two ways. Consent orders filed with the Federal Circuit and Family Court of Australia carry a modest filing fee, about $215, and give you an enforceable court order without a hearing. A binding financial agreement, signed with independent legal advice on both sides, suits couples who want to keep the court out of it entirely. Formalising properly also unlocks the stamp duty exemption when the home transfers between spouses.

Where the pool is clear and the parties are talking, this is quick work. Where the other side will not engage or disclose, the path is longer, and we tell you what it involves, stage by stage, before you start it.

Talk to a property settlement lawyer today

Whether you are mid-negotiation, staring at a proposal you are not sure about, or years past separation with nothing signed, call 1800 130 120 or use the form on this page. The first conversation is free, and you will come away with a realistic view of where you stand.