Property settlement lawyers
Dividing property after separation shapes your financial security for years to come. We give you clear advice on what is fair, what is realistic and how to reach a settlement you can build on.
Start with a free 20-minute discovery call. Meetings across Australia, in person or online.
A property settlement is about more than dividing what you own today. It is about making sure you, and your children, have a secure foundation for the next chapter.
We help you understand what is in the asset pool, how the law is likely to view your contributions and future needs, and what a fair outcome looks like for your family.
Most settlements are reached by agreement, without a court hearing. Our focus is resolving yours efficiently, accurately and with as little conflict as possible, so you can move forward with confidence.
The right advisers around the table
Property settlements often touch tax, lending, business structures and future planning. Decisions made early can have consequences well beyond the settlement itself.
Where it would help, we coordinate with trusted financial advisers, accountants, mortgage brokers and valuers, and draw on our sister firms within the Florens Group: Access Legal for property transfers and conveyancing, and DC Strategy Lawyers where a business or commercial structure is involved.
Access LegalHow we can assist
Whether your finances are straightforward or involve businesses, trusts and investments, we give you practical advice tailored to your priorities.
Asset pool and valuations
Identifying everything owned and owed, in joint or separate names, and arranging valuations where values are disputed.
Learn moreThe family home
Advice on keeping, selling or transferring the home, including refinancing and the housing needs of your children.
Superannuation splitting
Valuing superannuation and splitting it by agreement or court order, including defined benefit and self-managed funds.
Business and complex assets
Family businesses, trusts, companies, property portfolios and intergenerational wealth.
Learn moreSpousal maintenance
Advice on whether ongoing financial support may be payable or claimed after separation.
Learn moreConsent orders
Formalising your agreement in legally binding orders, usually without attending court.
Learn moreBinding financial agreements
Private agreements that settle financial matters before, during or after a relationship.
Learn moreUrgent asset protection
Urgent orders where assets may be sold, transferred or spent before a settlement is reached.
If you are not yet separated and want to protect what you each bring, see binding financial agreements and prenups.
Worried about legal costs while you wait for your settlement? Read about our finance options, including paying at the end with JustFund.
How a property settlement works, step by step
Every settlement follows the same broad path, whether it is resolved over a few weeks or takes longer. Here is what to expect.
Call 1300 739 954Get advice early
Early advice helps you protect your position, understand the time limits and avoid signing anything you may regret. If there is a risk assets will be sold or spent, we can act quickly.
Exchange financial information
Both parties have a legal duty to make full and frank disclosure of their financial circumstances. That usually means tax returns, bank and superannuation statements, loan documents and business records.
Identify and value the asset pool
We list everything owned and owed, by either of you, in any name, including superannuation. Where values are disputed, an independent valuer or accountant may be engaged.
Assess contributions and future needs
We look at what each of you contributed, financially and otherwise, including as a homemaker and parent, and at future circumstances such as earning capacity, health, age and care of children. From there we advise on a fair range of outcomes.
Reach and formalise agreement
Most settlements are reached through negotiation or mediation. The agreement is then formalised in consent orders or a binding financial agreement, and carried out through property transfers, refinancing and superannuation splits.
If you cannot agree, the Court decides
Before applying to the Federal Circuit and Family Court of Australia, parties are generally expected to follow pre-action steps, including disclosure and a genuine attempt to resolve the matter. If proceedings are needed, many cases still settle before a final hearing.
“Highly recommend. From our very first discussion I felt supported and confident in the firm’s ability. The experience and commitment throughout this very stressful process was amazing. Everything was explained clearly and handled with respect.”
Unsure what you’re entitled to?
Start with a conversation about your circumstances.
What the Court considers
There is no automatic 50/50 split. Since 10 June 2025, the law sets out the steps the Court follows, and every outcome must be just and equitable in the circumstances of your family.
Contributions
Financial contributions such as income, savings and inheritances, and non-financial contributions, including caring for children and running the home.
Future circumstances
Each person’s age, health, earning capacity and care of children, including the housing needs of children under 18.
A just and equitable outcome
Whether the proposed division is fair overall, looking at the whole picture rather than a formula.
The Court also considers the economic effect of family violence on a party, and can make orders about who keeps a family pet.
A good property settlement is not just about dividing what you have. It is about creating a secure foundation for your future.Sophie Pettigrew, Legal Practice Director
Common questions about property settlements
Is there a time limit for property settlement?
Yes. Married couples generally must apply within 12 months of their divorce taking effect. De facto couples generally must apply within two years of separating. After that, you need the Court’s permission, which is not guaranteed, so it is important to get advice early.
Is property always split 50/50?
No. There is no automatic equal split and no formula. The Court looks at each person’s contributions and future circumstances and asks whether the overall outcome is just and equitable.
Does it matter whose name an asset is in?
Generally, no. The asset pool includes everything owned and owed by either of you, in joint or separate names, along with assets held through companies or trusts you control. Superannuation is included too.
How is superannuation dealt with?
Superannuation is treated as property and can be split by agreement or court order. A split moves part of one person’s balance into an account for the other, where it stays as superannuation until they can access it under the usual rules.
Do we have to sell the family home?
Not necessarily. One person may keep the home and refinance, or it may be sold and the proceeds divided. The Court considers the housing needs of any children under 18 when looking at future circumstances.
What if my former partner is hiding assets?
Both parties have a legal duty to make full and frank disclosure. Where someone does not, the Court can draw conclusions against them, order documents to be produced and, in some cases, set aside orders later. We can help you obtain the information you need.
Does the Court consider family violence?
Yes. The Court considers the economic effect of family violence on a party, both in assessing contributions and in looking at future circumstances. Tell us about any safety concerns at the outset so we can plan accordingly.
Do de facto couples have the same rights?
Generally, yes, if you lived together for at least two years, have a child together, registered your relationship, or one of you made substantial contributions and it would be unjust not to make an order. The time limit is two years from separation.
What happens to the family pet?
Pets are treated as property, and the Court can make orders about who keeps a companion animal. It considers factors such as who cared for the animal, any family violence involving it, and the children’s attachment to it.
Will I pay stamp duty or capital gains tax on transfers?
Transfers made under court orders or a binding financial agreement are generally exempt from stamp duty, and capital gains tax rollover relief often applies. The rules vary, so we work with your accountant to get the structure right.
What does it cost?
Your first step is a free 20-minute discovery call, where we listen, explain your options and outline what working with us could look like. If you go ahead, we explain costs clearly at the outset.
This is general information, not legal advice for your situation.
A settlement you can build on.
Whether you have just separated, are negotiating now or need a settlement formalised, we invite you to start with a confidential conversation about your circumstances and options.
