Property
Settlement
Fair division of assets after separation — consent orders, superannuation splitting, and binding financial agreements handled with precision.
Property Settlement
There is no automatic 50/50 split of assets after separation in Australia. Property division is governed by the Family Law Act 1975 and takes into account each party's contributions and future needs. Time limits apply — married couples have 12 months from the date of divorce; de facto couples have 2 years from separation. Acting promptly protects your entitlements.
Before any negotiations begin, we advise on what each party is likely entitled to — based on financial contributions, non-financial contributions, and roles as a homemaker or parent — as well as future needs including income, health, and care of children. This gives you a realistic picture before you make any decisions.
Both parties are also under a duty of full and frank financial disclosure from the outset — income, assets, liabilities, superannuation and business interests. Our guide to financial disclosure obligations explains what you need to provide and what happens if disclosure is incomplete.
Our guide No Automatic 50/50: How Property Settlements Really Work explains how the asset pool, contributions and future needs shape an outcome — and the time limits that apply.
Where parties reach an agreement, we prepare consent orders — a formal agreement filed with the Federal Circuit and Family Court and sealed by a registrar. Consent orders are legally binding and enforceable, unlike verbal or written agreements between parties.
Free initial consultation. We offer a free 30-minute initial consultation for all family law matters. Call (03) 9741 3777 or book online to get started.
A binding financial agreement (BFA) records how assets are to be divided without going to court. Both parties must receive independent legal advice before signing. We draft and advise on BFAs before relationships begin (pre-nuptial agreements) and after separation — including for complex structures involving business interests and trusts.
Binding financial agreements — full details →Superannuation is treated as property under the Family Law Act 1975 and can be divided between parties. It cannot simply be transferred as cash — superannuation splitting orders must follow specific legislative requirements and be served on the fund trustee. We handle the process end to end, including SMSFs.
Superannuation splitting — full details →Where the asset pool includes a business, investment properties, trusts, or an SMSF, the settlement requires careful valuation and strategy. We act for clients with complex asset structures, working with your accountant and financial adviser to achieve a sound outcome.
Business and complex assets — full details →De facto couples — including same-sex couples — have the same property rights as married couples under the Family Law Act 1975. Property claims must be made within 2 years of separation. The date of separation can itself be disputed — seek advice promptly.
De facto separation — full details →Same-sex couples have the same property settlement rights as opposite-sex couples — married or de facto. This includes asset division, superannuation splitting, and binding financial agreements. Time limits and the threshold for recognising a de facto relationship apply in the same way.
Same-sex couples — full details →Reaching a property settlement through mediation avoids the expense, delay, and uncertainty of court proceedings. Any agreement reached can be formalised as consent orders or a binding financial agreement. We advise on your entitlements before you enter mediation so you are not negotiating blind.
Mediation — full details →Protecting what
you've worked for.
A property settlement is one of the most significant financial events in your life. Getting it wrong — or leaving it too long — can have consequences that last decades. We make sure you understand your entitlements and the options available before any agreement is reached.
We aim to resolve property matters by negotiation and consent order wherever possible, avoiding the cost and delay of contested court proceedings. Where litigation is unavoidable, we are prepared to act.
As Werribee's oldest law firm, we act for families across the Wyndham region — from Werribee and Hoppers Crossing to Wyndham Vale, Point Cook, and Tarneit. We discuss costs with you upfront so there are no surprises.
Property settlement FAQs
Property division is governed by the Family Law Act 1975. The court considers: (1) the asset pool — what each party owns and owes; (2) contributions — both financial (income, inheritance, gifts) and non-financial (homemaking, parenting); and (3) future needs — income capacity, age, health, and care of children. There is no fixed formula — the outcome reflects the specific circumstances of each couple.
No. Australian family law does not apply an automatic equal split. The division depends on each party's contributions and future needs. In practice, long marriages with roughly equal contributions often result in a split close to 50/50 — but this is never guaranteed. Short relationships, significant pre-relationship assets, or large inheritances can shift the division considerably.
The asset pool includes all property owned by either party — the family home, investment properties, savings and bank accounts, shares, vehicles, businesses, and superannuation. Debts are also included and deducted from the pool. Assets held in trusts or company structures may also be considered depending on the circumstances.
Yes. Superannuation is treated as property under the Family Law Act 1975 and can be split between parties. A superannuation splitting order must be served on the fund trustee and must comply with the Family Law (Superannuation) Regulations 2025. We handle the process correctly so the split takes effect without delays.
For married couples: you must finalise property settlement within 12 months of the divorce order being granted. For de facto couples: within 2 years of the date of separation. If you miss these deadlines, you may lose the right to bring a property claim entirely. Do not wait until the last minute — seek advice as early as possible after separation.
A consent order is an agreement between separating parties that is filed with the Federal Circuit and Family Court and made into a court order by a registrar. Unlike a written agreement signed between parties, a consent order is legally binding and enforceable. If your partner later fails to comply, you can take enforcement action. We strongly recommend formalising property settlements by consent order rather than informal agreement.
A binding financial agreement (BFA) is a contract under sections 90B–90D of the Family Law Act 1975 that records how assets are to be divided if a relationship ends. Both parties must each have their own independent lawyer provide written legal advice before signing. A BFA can be made before, during, or after a relationship. Unlike consent orders, BFAs do not require court approval — but they can be challenged if they do not meet strict legal requirements.
Inheritances received before or during a relationship are considered a financial contribution by the party who received them. The weight given to an inheritance depends on factors such as how long ago it was received, how it was used (kept separate or mixed with joint finances), and the overall length of the relationship. A binding financial agreement prepared before or during a relationship is the most reliable way to protect a significant inheritance.
Costs depend on the complexity of the asset pool and whether the matter is resolved by agreement or requires court proceedings. We discuss fees with you upfront at your first consultation so you have a clear picture before committing to any course of action. Call (03) 9741 3777 to arrange an initial consultation.
Bring photo ID and as much financial information as you have available — bank statements, superannuation statements, mortgage documents, property valuations, and details of any debts. If you have a separation agreement or any written correspondence about assets, bring that too. You do not need everything to have a useful first consultation — we can work with what you have.
Yes. We act for clients across the Wyndham region including Werribee, Wyndham Vale, Hoppers Crossing, Point Cook, Tarneit, Truganina, and surrounding suburbs. We also assist clients in Geelong and the Bellarine Peninsula. Call (03) 9741 3777 or book online to arrange a consultation.
Ready to protect your entitlements?
Your first 30 minutes is free. Time limits apply to property claims — get advice before they expire.