Property settlement, sometimes referred to as property division, is often one of the most significant aspects of separation.
It can involve the division of the family home, investment properties, superannuation, savings, liabilities and, in some cases, business interests.
At Pillar Family Lawyers, we provide clear, financially informed legal advice to help you achieve a fair and sustainable outcome.
Our focus is on protecting your position while ensuring your matter is approached with structure, strategy and precision.
What is Included in a Property Settlement?
A property settlement may include sorting out who gets what or how much of:
- the family home
- investment properties
- superannuation
- bank accounts and savings
- shares and investments
- Cryptocurrency
- business interests
- vintage cars, jewellery and collectables
- liabilities and debts
Each matter is different. We carefully assess the asset pool to ensure all relevant assets and financial interests are properly identified and considered.
How Property is Divided
Property settlement in Australia is not based on a fixed formula.
The Court considers factors including:
Financial Contributions
Income, savings, assets brought into the relationship and financial support provided during the relationship.
Non-Financial Contributions
Contributions such as renovations, unpaid work and other efforts that have increased the value of assets.
Contributions to the Family
Including caring for children and supporting the household.
Current & future circumstances or needs
Factors such as income disparity, health, age and care of children.
We provide clear advice on how these factors apply to your situation and what a fair outcome may look like.
Financially Informed, Outcome-Focused Advice
Where meaningful assets are involved, the outcome of your matter can significantly affect your long-term financial position.
We focus on:
- protecting your financial interests
- ensuring all assets are properly accounted for
- structuring settlements that are practical and sustainable
- avoiding unnecessary risk or disadvantage
Our approach is designed to ensure that your outcome is not only fair, but also workable for your future.
Negotiation, Mediation and Court Preparation
Many property matters can be resolved through negotiation or mediation.
At Pillar Family Lawyers, we approach every matter with careful preparation so that negotiations are conducted from a position of strength.
Through structured negotiation and mediation, we aim to resolve matters efficiently. At the same time, we are fully prepared to proceed to court at a moment’s notice if required.
This ensures:
- your position is properly supported
- your matter is always prepared for the next step
- you are not disadvantaged if litigation becomes necessary
Acting Quickly to Protect Assets
In some matters, there is a risk that assets may be:
- dissipated
- concealed
- transferred or restructured
If this risk exists, it is critical to act early.
We can take steps to:
- preserve the asset pool
- protect your financial position
- ensure appropriate legal safeguards are in place
Early action can make a significant difference to the outcome of your matter.
Superannuation and Complex Financial Matters
Superannuation is often a significant component of the asset pool.
We provide advice on:
- superannuation splitting
- valuation of superannuation interests
- structuring settlements involving super
We also assist with more complex matters involving:
- business interests
- trust structures
- multiple asset classes
Time Limits Apply
Strict time limits apply to property settlement matters.
In most cases:
- married couples must commence proceedings within 12 months of divorce
- de facto couples must commence proceedings within 2 years of separation
If you are outside these time-frames, you may require special permission from the Court.
We can advise you on your position and the steps required.
Flexible Payment Options
We understand that property matters often involve significant assets but limited access to immediate funds.
Where appropriate, we offer:
- deferred payment arrangements
- access to litigation funding through JustFund
This allows eligible clients to proceed with their matter while managing financial constraints.
Start with Clear Financial Advice
Understanding your position early is critical.
Speak with a Property Settlement Lawyer: We provide clear, practical advice so you can make informed decisions and move forward with confidence.
Pillar Family Lawyers assists clients across Parramatta & Western Sydney.
Frequently Asked Questions – Property & Financial Settlement
Property is not divided on a fixed percentage or formula. The Court considers a range of factors including financial and non-financial contributions, contributions to the family, and future needs. Because no two families are the same, each matter is assessed on its individual circumstances to determine what is just and equitable.
A property settlement may include all assets and liabilities of both parties, including:
- the family home
- investment properties
- superannuation
- savings and bank accounts
- shares and investments
- Cryptocurrency
- business interests
- Jewellery and collectables
- debts and liabilities
All relevant financial interests must be identified and considered.
No. Many property settlements are resolved through negotiation or mediation. If agreement is reached, it can be formalised through Consent Orders or a Binding Financial Agreement. However, if agreement cannot be reached, court proceedings may be required.
Strict time limits apply:
- married couples must generally commence proceedings within 12 months of divorce
- de facto couples must generally commence proceedings within 2 years of separation
If you are outside these time-frames, you may need permission from the Court to proceed.
If there is a concern that assets may be dissipated, concealed or transferred, it is important to act quickly. The Court has powers to make orders to preserve assets, to stop any wrongdoing and early legal advice can be critical in protecting your position.
Yes. Superannuation is treated as part of the asset pool and can be divided between parties through a process known as superannuation splitting.
Business interests can form part of the asset pool and may require valuation. These matters can be complex and require careful consideration to ensure a fair and practical outcome.
A fair outcome depends on the specific circumstances of the parties, including contributions and future needs. The goal is to achieve a result that is just and equitable, taking into account all relevant factors.
While it is possible to reach informal agreements, it is recommended and important to obtain legal advice before finalising any settlement to know that you are getting a good settlement. In addition, without proper documentation, agreements may not be legally binding and could expose you to risk in the future.
Consent Orders need to be considered by the court and once approved by the Court, they are legally enforceable. A Binding Financial Agreement is a private agreement between the parties that must meet strict legal requirements to be valid. Once in place, a party will not be allowed to breach it. We can advise on the most appropriate option for your situation.
The first step is to obtain clear legal advice and understand the asset pool. Early advice can help you avoid mistakes, protect your position and approach negotiations from a position of strength.