Family and Relationships
End Conflicts Over Assets With Equitable Property Settlements
Property settlement can be a very divisive subject, especially if it comes on the heels of a relationship breakdown. Untangling lives from assets and liabilities is a complicated — if not often emotional — process, and this can be a significant source of conflict that helps no one.
At Nevett Ford, our experienced property settlement lawyers can guide clients through navigating the division of assets after separation or divorce. Early legal advice can make a significant difference in achieving a fair and timely financial resolution.
Our divorce property settlement lawyers work closely with industry experts such as accountants, real estate valuers, and asset valuation experts to ensure you have all the information you need. Contact us to speak with a trusted lawyer for property settlement to see how we can help.
Your Property Settlement Options in Australia
There is no one-size-fits-all when dividing assets. Depending on your situation, you can finalise your property settlement through one of three main pathways:
A BFA is a private, legally binding contract made before, during, or after a relationship. Each party must get independent legal advice. BFAs avoid court and can cover:
- Spousal Maintenance:
Agree to waive or formalise ongoing support (rare cases only).
- Property Division:
Set out how assets like property, superannuation, and savings are split – especially useful when Consent Orders are not appropriate.
- Pre-Nuptial Agreements:
Known as “pre-nups”, these agreements define how finances are handled if the relationship ends.
- Binding Child Support Agreements:
Cover school fees, health costs, and extra activities – can be registered with the Child Support Agency and Family Court.
Formal court-approved agreements covering property and parenting. Ideal for amicable splits. The process involves:
- Drafting and signing orders
- Filing an Application for Consent Orders with the Court
- Review and approval by a Registrar – without needing to attend court
Once sealed, Consent Orders become legally binding and enforceable.
If parties cannot agree – even after negotiation or mediation – the matter proceeds to the Family Court or Federal Circuit Court. The process includes:
- Compulsory mediation (where most cases settle)
- A court hearing if mediation fails
- Evidence and witness testimony from both parties
Final judgment by a judge using the four-step family law property settlement process.
How We Help with Property Settlement
1. Division of assets and liabilities
Includes real estate, superannuation, savings, shares, businesses, companies, trusts, and vehicles.
2. Preparation and review of Binding Financial Agreements
Includes prenups, post-nup agreements, and de facto arrangements.
3. Drafting, filing, and setting aside existing Consent Orders
To formalise negotiated settlements without the need to attend court, as well as nullifying existing orders where circumstances have changed or legal errors have occurred.
4. Negotiation and mediation
Includes resolving high-value or complex disputes involving trusts, companies, and third-party claims (e.g. parents or new partners).
5. Advice and representation in litigation
For contested property settlement matters in the Family Court or the Federal Circuit Court.
6. Subpoenaing financial and legal documents
To uncover hidden or undisclosed assets.
7. Lodging caveats
To safeguard your interests in real property during legal proceedings.
8. Urgent applications for injunctions
To prevent your ex-partner from selling, transferring or hiding assets.
OUR FAMILY AND RELATIONSHIP SERVICES
DE FACTO RELATIONSHIPS
DECLARING NULLITIY
BINDING FINANCIAL AGREEMENTS
Frequently Asked Questions
What is considered “property” in a property settlement?
In Australian family law, property includes all assets and debts, regardless of ownership or when acquired. This may include:
- Real estate, including pre-marital or post-separation property
- Superannuation
- Business or trust interests
- Liabilities, whether held jointly or individually
- Vehicles, jewellery, and furniture
- Bank accounts and investments
- Inheritances
- Insurance and income streams
- Debts, loans, mortgages, tax liabilities.
Each case is unique. Seeking counsel from divorce property settlement lawyers ensures fair asset division under the law.
Do I need to be divorced to start a property settlement?
No. You do not need to be divorced to begin dividing property. You can start property settlement while still legally married or in a de facto relationship.
It is often recommended to finalise your financial settlement before applying for divorce. Even in amicable breakups, formalising the division of assets ensures legal protection and reduces the risk of future disputes. A delay may impact your rights, especially under family law property settlement time limits.
Consulting a property settlement lawyer early can protect your interests and streamline the process.
Does getting divorced automatically divide our assets?
No. Divorce and property settlement are separate legal processes. Finalising your divorce does not resolve your financial matters. You must apply for a property settlement:
- Within 12 months of divorce for married couples
- Within 2 years of separation for de facto couples.
Late applications require court permission and are not always granted.
Unlike other countries, Australian family law does not assume an equal split. While contributions in long relationships may be seen as equal, the outcome depends on:
- Financial and parenting contributions
- Future needs and disparities in income and health
- Length of the relationship.
Speak to a divorce property settlement lawyer if you are unsure.
Can we settle property matters without going to court?
Yes, and it is highly recommended. If you and your ex-partner reach an agreement, a property settlement lawyer can formalise it through:
- Consent Orders (court-approved, legally binding)
- Binding Financial Agreements (private contracts drafted by lawyers).
Avoid informal or verbal agreements – they are not enforceable and leave you exposed to future claims.
What happens if we own a business?
Business assets form part of the property pool. Business valuations can be complex, especially if goodwill or income-producing potential is involved. Courts may consider:
- Ownership structure
- Contributions to the business
- Value as assessed by expert valuers
Seek advice from experienced property settlement lawyers to ensure fair treatment of business interests.
Are there tax implications in a property settlement?
Yes. Transferring or dividing assets – especially superannuation, trusts, or business assets – can have capital gains tax or other tax consequences. Legal and financial advice is crucial to minimise liabilities during your financial settlement.
What if my ex-partner is delaying the property settlement?
Delays often occur when one party will not disclose finances or refuses to negotiate. A family law property settlement lawyer can:
- Request a formal financial disclosure
- Initiate mediation or legal proceedings
- Apply to the court to prevent prolonged delays.
Acting early helps protect your rights.
Why Work With Our Family Law Property Settlement Lawyers
Decades Of Experience
Our team is backed by leading expertise and years of experience in divorce, separation, and family law property settlement matters, with hundreds advised upon each year.
Personalised Service
Our lawyers understand that there is no one-size-fits-all approach when it comes to family law property settlement matters. We will assist you step-by-step and provide you with expert advice tailored to your situation.
High Success Rates
We strive to provide a positive resolution and outcome for all parties involved in a family law property settlement dispute.
Standard Of Care
Our family law property settlement lawyers are committed to providing compassionate and streamlined assistance for our clients as we believe in building strong and meaningful long-term relationships.
Initial Fixed Cost Consultations
Our team is dedicated to providing transparent and affordable fees to ensure our clients are aware of what the process will look like ahead of time.
TESTIMONIALS
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