Family · Property Settlement
Dividing assets after separation, done properly the first time.
A property settlement is a one-time legal job. Done well, it puts the financial chapter behind you. Done badly, it surfaces again years later. We work hard to make it the former.
What we handle
The full property settlement, from valuations to enforceable orders.
A property settlement after separation looks straightforward on the surface and almost never is. Couples typically own a mix of assets — the family home, superannuation across several accounts, possibly a business or farm, sometimes a trust, sometimes debts. The job is to identify the pool, value it fairly, work out a just split, and document it in a form the Court will recognise.
We work primarily on negotiated settlements. Most matters resolve through correspondence between solicitors or at a single mediation. Where they don't, we run them through the Family Court — but we will always tell you honestly whether litigation is economic in your particular case.
On the documentation side, we prepare Consent Orders (the Court-enforceable option) or Binding Financial Agreements (the contractual option). Both have their place. We will choose with you based on your situation.
If you are here because…
Three places property settlements typically start.
You have just separated.
Do not divide anything formally yet — but do start documenting. Bank statements, super statements, property valuations. The earlier you have a clear picture, the easier the eventual settlement.
You have agreed in principle.
A handshake or an email is not enough. To make a settlement binding and final, you need either Consent Orders or a Binding Financial Agreement. We prepare whichever fits the situation.
You cannot agree.
Where one side will not engage or the gap is too wide, we apply to the Family Court. We work the matter to mediation first, settlement conferences second, trial only as a last resort. Court is expensive — but sometimes necessary.
Common questions
What people most often ask on the first call.
The Family Law Act sets a four-step process: identify the asset pool, assess contributions (financial and non-financial, including homemaker and parent contributions), assess future needs (income disparity, care of children, health), and consider whether the proposed split is just and equitable. There is no automatic 50/50.
Super is property for family law purposes and is included in the asset pool. It can be split between parties via a superannuation splitting order. We coordinate with the super fund and draft the necessary orders.
Business interests are part of the pool but valuing them is the hard part. We work with forensic accountants and valuers where needed. The goal is usually to preserve the business as a going concern rather than to force a sale at distress prices.
For married couples, 12 months from the date of divorce becoming final. For de facto couples, 2 years from the date of separation. Out-of-time applications need leave of the Court — possible but not guaranteed.
Not as much as people think. Family law looks through trust structures to identify property that is effectively controlled by a party. A well-structured trust can complicate matters but rarely insulates them entirely.
We'll call you back the same business day.
Tell us briefly what's happening. Steven will call you back for a free 15-minute conversation, the same business day. No obligation, no pressure to engage us afterwards.
Thank you. We'll be in touch today.
Your message is with our team. If it's urgent, you're welcome to call us directly on (08) 8522 6025.