Protecting Your Interests. Securing Your Fair Share
Family Lawyers
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Going through separation or divorce can be one of the hardest periods in anyone’s life. It is emotionally tough, and comes together with having to work out 'who gets what.'
Even if you are your good terms with your ex partner, arrangements need to be made about dividing up the assets - house, car, pets, superannuation, investments, debts.
The living arrangements of children need to be organised (and sometimes fought over).
We deal with these issues daily, but every person’s situation is unique. We will take the time to understand:
- The nature of the relationship
- The assets and finances
- The children
We will then formulate an action plan designed to protect your interests and obtain the best possible outcome for you. We will:
- Listen to your situation
- Identify the legal issues
- Provide a timeline for the process
- Outline costs to be expected
- Answer any general questions you have about Family Law
We pride ourselves on providing an empathetic and compassionate approach mixed with professional and practical legal advice. Our goal will always be to protect your interests and maximise what can be obtained for you.
Dividing assets and liabilities after a separation can be complex, both emotionally and financially. A property settlement is not just about the end of a relationship, it’s also a significant financial transaction that involves dividing major assets such as your home, savings, superannuation, and debts.
Some couples are able to reach an amicable agreement on the division of assets and liabilities following separation, while others may require extensive assistance to bring resolution, including court proceedings.
There is no universal approach to a property settlement, as each situation is unique. Regardless of your circumstances, our property settlement lawyers can assist in securing a fair and tailored outcome that aligns with your present and future needs.
The determination of a property settlement considers:
- The total value of the asset pool, including real estate, financial resources, superannuation, and liabilities;
- The financial contributions of each party (eg income, assets brought into the relationship)
- Non-financial contributions of each party (eg homemaking and caregiving roles); and
- The future needs of each party, including earning capacity, health, age, and primary caregiving responsibilities.
This legislation is inherently complex, and outcomes often depend on the specific nuances of your relationship.
At Movement Legal, we prioritise resolving matters efficiently and amicably, aiming to secure the best possible outcome without resorting to litigation whenever possible.
Our Approach to Family Law

You can’t do this alone.
Going through separation or divorce can be one of the most challenging periods in anyone’s life, and comes together with having to work out 'who gets what.'
Our tight-knit group of family lawyers will handle your matter with intensity, thoroughness, and creativity. We manage our client’s legal issues within the larger framework of their strategic and financial goals. We bring careful attention, tested experience, and a high degree of expertise.
We will ensure you have the best family lawyers by your side, regardless of how simple or complex your situation is. Our approach is to achieve the best results for the client as quickly as possible. We regularly take cases to trial and win before judges, but we also know when it makes sense to settle.
Values
Outcome Focussed
The process is a means to an end. We want to resolve your case efficiently, and lower the drama.
Transparent Fees
Our fees are transparent, with fixed fees on many services.
Human Touch
We relate to you as a person, and commit to you as a client until your matter is resolved.
Practical solutions
Practical guidance to help you navigate challenges effectively.
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Family Law
FAQs
When can the property settlement commence?
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.
Which assets get divided?
In Australian family law, property includes all items that were owned or shared by the couple - whether in individual names or joint names. This covers bank balances, property, investment properties, cars, investments, shares, trusts you are part of, gifts or inheritances received, superannuation, loans or credit card debts.
How do we specifically determine who gets what?
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 dividing the asset pool.
As needed, negotiations, mediation or using the court system can help to arrive at settlement.
What is a Parenting Plan?
A parenting plan is a written agreement made by the parents about how their children will be cared for.
It can cover living arrangements, school holidays, communication and other aspects of a child's life.
What are consent orders?
Consent orders are legally binding court orders that formalise an agreement between parties regarding parenting or financial matters after separation or divorce, without requiring a court hearing.
What time limitations do I need to be aware of?
There are time limitations around commencing the process - for defacto couples 24 months after separation, and for married couples 12 months after divorce.
Legal Overview:
The 4 Step Property Settlement Process
The Australian Family Law system breaks the property settlement process into 4 stages or considerations
Assessing Assets and Liabilities
The first step is identifying and valuing all assets and liabilities to determine the property pool for division.
Evaluating Contributions
Financial and non-financial contributions are considered. Negative contributions, such as financial wastage, may also be factored in. This is guided by s79 of the Family Law Act.
Considering Future Needs
What each party needs in the future such as income, earning capacity, health, and childcare responsibilities are considered to determine what adjustments are needed for fairness. This is largely governed by s75(2) of the Family Law Act.
Achieving a Fair Settlement
The proposed division is given a holistic overview to consider whether a just and equitable division will be in effect, and possibly adjusted based on individual circumstances.
Take the first step - contact the team today
We start with an obligation free phone call to understand more about your circumstances and how we can resolve your matter.