Property settlement is one of the most consequential aspects of any separation. Getting it right protects your financial future and prevents disputes years down the track.
Australian family law follows a four-step framework for property settlement. Understanding this is the foundation of any effective strategy.
Everything in the shared pool must be identified and valued. Property, bank accounts, superannuation, investments, business interests, trusts, loans, and liabilities.
Both parties have a strict legal duty of full financial disclosure. Concealing assets has serious legal consequences. We ensure proper disclosure and advise on how to compel it when it is not forthcoming.
The law considers financial contributions such as income and property, and non-financial contributions such as homemaking and raising children. Both carry real legal weight.
We help you understand how your contributions are likely to be assessed and how to present them clearly.
Age, health, earning capacity, care of children, and the impact of the relationship on career and financial independence all factor in. This step is especially significant in high-value matters and where one party has been out of the workforce.
The final step is determining a fair outcome given the full picture. The court has broad discretion here, which is why expert advice, clear strategy, and strong preparation make a genuine difference.
Time limits are critical. De facto couples have two years from separation. Divorcing parties have 12 months from when the divorce is finalised. Act early to protect your rights.
Most property settlements are resolved through negotiation, not court. We advise on your entitlements, explain the realistic range of outcomes, and develop a negotiation strategy.
We manage the process on your behalf, keeping focus on your long-term financial interests while moving toward resolution efficiently.
Where negotiation stalls, mediation is the most effective next step. Lauren Wilson and Maria Stipic are Nationally Accredited Mediators. Their formal inside knowledge of the mediation process means our property clients enter mediation better prepared and consistently reach better outcomes.
We also offer a dedicated pre-mediation conference to prepare clients strategically before any session.
A negotiated settlement must be formalised to be legally binding. We prepare and file consent orders on your behalf: precisely drafted, court-compliant, and genuinely final. An informal agreement provides no legal protection.
We advise regularly on matters involving business interests and company structures, family trusts, significant superannuation, investment and residential property portfolios, international assets, and suspected hidden assets.
In complex matters we work with forensic accountants, financial advisers, and business valuers where specialist input adds value.
The period between separation and settlement is a time of financial risk. Assets can be moved or deliberately diminished before a settlement is reached.
Where this risk exists, we act promptly. Injunctions, freezing orders, and early disclosure applications are available to protect your position while matters are resolved.
There is no automatic 50/50 split. Australian family law follows a four-step process: identify and value the asset pool, assess each person’s financial and non-financial contributions, consider future needs such as care of children and earning capacity, then check the result is just and equitable. Village Family Lawyers applies this framework to your circumstances before you negotiate anything.
Everything you both own, separately or together. That includes the family home, investments, savings, superannuation, vehicles, business interests, inheritances and personal property – along with all debts, mortgages and tax liabilities. Assets held in trusts or companies are usually counted too. Full disclosure is a legal obligation. We identify and value the full pool before advising you.
It depends on whether either of you can afford to keep it. Common outcomes include one person buying out the other’s share, selling and dividing the proceeds, or deferring sale until the children finish school. Who stays in the home during separation does not decide who keeps it. Village Family Lawyers advises which outcome is realistic for your finances.
Superannuation is treated as property and forms part of the asset pool, though it cannot usually be accessed until retirement. It can be split between you by agreement or court order, using a formal valuation. Defined benefit and self-managed funds need specialist valuation. Bryn Stevens and Anna Bulner, our LIV Accredited Family Law Specialists, handle complex fund structures.
It depends on what you want the agreement to do. Consent orders are approved by the Court, which checks the outcome is just and equitable, and they end your claims cleanly. A binding financial agreement is a private contract requiring independent legal advice for both parties, and offers more flexibility. We prepare both, and advise which one fits.
Binding financial agreements
Most matters settle within three to twelve months. Straightforward agreements formalised by consent orders can be complete in a few months; matters involving business valuations, trusts or disputed disclosure take longer. Court proceedings can run two years or more. There are time limits – twelve months after divorce, two years after a de facto separation – and we track them for you.
Here is what to expect when you book with Village Family Lawyers in Mount Eliza or Malvern.
Use our online booking form or call 1300 413 997. Choose in person at Mount Eliza or Malvern, or secure phone or video.
A calm, guided conversation in plain English. Your lawyer will listen to your situation and explain your rights and options clearly.
You leave with practical next steps tailored to your situation, protecting your family, your finances, and your future.
Mornington Peninsula and Bayside clients
Melbourne inner east and citywide clients
Discovery Calls are made over the telephone and all other consultations are available via a secure online video call.
All consultations available in person or by phone and secure video. Three ways to connect:
Not sure yet? Book a free 15-minute Discovery Call.
Free
15 min
Initial Consultation
90 min
Pre-mediation conference
90 min
No. There is no automatic 50/50 split in Australian family law. The outcome depends on contributions, future needs, and what is just and equitable. Results vary significantly between cases.
Yes. Both parties have a strict legal duty of full financial disclosure, including assets held through companies, trusts, or other structures. Failure to disclose is a serious legal breach.
Yes, and most clients do. We negotiate directly or support clients through mediation in the majority of cases, then formalise through consent orders.
Superannuation is treated as property and forms part of the asset pool. It can be split using a superannuation splitting order. We manage the specific legal and trustee requirements on your behalf.
Business interests require independent valuation. The approach to division depends on structure, how each party contributed, and the impact on ongoing viability. We advise on this regularly and have the expertise to manage it well.
A property settlement without proper legal advice can have lasting consequences. We help you understand your entitlements, negotiate from an informed position, and formalise outcomes that are fair, binding, and final.
