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Property Settlement

  • Family law property settlement is the division of assets, liabilities and resources
  • Property settlements are a great opportunity for separating couples
  • Collaborative solutions

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How Can We Help?

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  • This field is for validation purposes and should be left unchanged.

Property Settlement

The law states that courts should make a clean break between the parties (as far as is possible). In making a property settlement, the decision should take into account all of the assets, liabilities and resources under the control of the parties to the marriage, including (but not limited to):

  • Land
  • Vehicles
  • Shares
  • Superannuation
  • Interests in trusts
  • Debts
  • Contingent benefits and contingent liabilities
  • how the property was acquired and which of the parties acquired it.

All property is considered regardless of whether it is held in the name of one or both of you, in a trust or a company, in Australia or overseas. Any agreement or order made is vulnerable to challenge if assets are undisclosed.

  • Family law property settlement is the division of assets, liabilities and resources after the breakdown of a relationship
  • Property settlements are a great opportunity for separating couples to restructure their financial affairs in a tax effective way
  • Collaborative solutions

In our experience, property settlement is one of the areas of family law surrounded by urban myths about how decisions are made and how to behave. Many people make unwise decisions in the height of strong emotion following a separation, which can have the effect of entrenching conflict and damaging the prospects of reaching an agreement.  In the worst cases, making poor decisions about financial matters lands people in court. Having legal advice early from an experienced family lawyer is a good way to ensure that your expectations are realistic and your responses to the separation are reasonable.

We find that people make decisions based on their values and expectations about money, their short term goals, such as accommodation, and often, strong attachment to particular assets or entities. We and our collaborative partners help clients unpack those ideas, to identify what's fundamental to the parties and their family, and consider long term plans, such as retirement, aged care and estate planning.

The most durable agreements are reached when all parties are educated about their financial affairs, are aware of their own limitations and those of the other parties, and appreciate that the other person is entitled to autonomy in their decision making.