Property Settlement Lawyers

We will ensure you receive a fair and equitable division of assets when your relationship ends. Trust us to guide you through even the most complex property settlements with confidence.

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Our Property Settlement Package

When a marriage or defacto relationship ends, the couple's property, financial resources and assets will need to be divided.

A property settlement will include more than property and bank balances. It will also extend to shares, cars, assets, investments, cryptocurrency and superannuation.

We know that dealing with separation and divorce is emotionally draining. Our primary focus is empowering you while alleviating unnecessary drama. Throughout the process, your best interests remain our top priority.

Our lawyers will work closely with you every step of the way.

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Some things to know about
Property Settlements

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How assets and liabilities get divided

This involves a comprehensive assessment of financial assets, and debts acquired during the relationship. This then takes in financial and non-financial contributions and future needs. Legal professionals play a crucial role in guiding individuals through this process, to ensure a fair resolution that is legally enforceable and takes into account the unique circumstances of each party.

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How "Property" is viewed in the separation process

In Australian family law, property involves all items that were owned or shared by the couple, including bank balances, house, investment properties, cars, investments, shares or trusts you are part of, gifts or inheritances received, superannuation, loans or credit card debts.

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When the property settlement can be commenced

The property settlement process can be commenced once you are separated (even if you remain living in the same house). You do not need to be divorced. There are time limitations - for defacto couples 24 months after separation, and for married couples 12 months after divorce.

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Deciding on the actual division of property and assets

Dividing assets is not necessarily done rigidly through a percentage-based allocation for each asset. We will work with you to consider different models of division of the asset pool. As needed, negotiations or mediation can help arrive at a personalised and creative approach, giving flexibility to consider the unique aspects of your individual circumstances and future plans.

The Property Settlement Process

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Step 1

Define All Assets

After assigning you to one of our lawyers, we will prepare your balance sheet and asset pool table. Financial disclosure from both parties will be required.

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Step 2

Examine contributions

Our lawyers will workshop different outcomes and entitlements with you.

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Step 3

Consider future needs

We present offers, negotiate, and/or mediate on your behalf. We'll consider objections and potential solutions.

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Step 4

Find agreement

Our lawyers will formalise the agreed terms, either through Agreement or Consent Orders.

Why choose Movement Legal?

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Clear legal advice

We communicate and offer advice in simple, understandable terms.

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Swift Resolution

Our focus is on achieving outcomes, and promptly resolving your matter

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Strategic Representation

We deliver clear strategies to advance and resolve your case.

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Dedicated Advocacy

We assert your rights through mediation, negotiation, and in court.

FAQs

Frequently Asked Questions

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How is the property settlement process worked out?

Generally the 4 steps below will be our guide in determing how assets will be divided:

Identify the property pool: Determine all assets, liabilities, and superannuation of the couple.
Assess contributions: Consider both financial and non-financial contributions made during the relationship.
Evaluate future needs: Account for the varying financial needs and obligations of each party post-separation.
Determine a fair settlement: Weigh contributions, the property pool, and future needs to achieve a just and equitable outcome reflecting individual circumstances.

What happens to debt in a property settlement?

Debts (or liabilities) are also considered as part of the asset pool. It doesn't matter whether the debts are in joint names or separate names; they still need to be taken into account.

As part of the property settlement process, we will need to work out who is going to pay off any debts.

What does a property settlement lawyer do?

A property settlement lawyer helps an individual address the complex process of dividing their assets and liabilities from their previous partner.

They assess the couple’s financial situation by identifying and evaluating all assets, such as homes, savings, and superannuation, as well as debts like mortgages or loans. Based on this, advice is provided as to their legal rights and the best approach for a fair division.

A property settlement lawyer will negotiate directly with the other party to reach an amicable settlement, often through mediation or collaborative processes. If an agreement is reached, they draft binding legal documents, such as Consent Orders or Binding Financial Agreements. In cases where negotiation fails, the lawyer may represent their client in court.

Additionally, property settlement lawyers handle specific legal aspects like superannuation splitting and tax implications.

Our role is to protect your interests and work towards a just settlement.

Property Settlement Lawyers

Our Property Settlement Package