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Property Division Between Separating Couples – Expert Legal Guidance

Tailored Legal Advice for Property Settlements

Whether you were married or in a de facto relationship, dividing property after separation can be a complex process. At Robbins Watson Solicitors, we provide strategic legal advice to ensure you receive a fair and legally sound property settlement that protects your financial future.

How Property Settlements Are Determined

There are several ways to resolve property disputes with your former partner. Our experienced family lawyers guide you through negotiations, mediation, and court proceedings if necessary, ensuring your settlement aligns with your legal entitlements.

The Four-Step Property Settlement Process

The Family Court applies a four-step process to determine property division:

1. Identifying the Property Pool

The Court first establishes the total value of the couple’s property, including joint and individual assets, liabilities, and financial resources. This can include:

  • Real estate and investment properties
  • Bank accounts and shares
  • Superannuation and trusts
  • Vehicles and valuable personal assets
  • Debts and liabilities

2. Assessing Contributions of Each Party

The Court then evaluates both financial and non-financial contributions made before, during, and after the relationship:

  • Financial contributions: Income, property purchases, mortgage payments, compensation payments, windfalls and other direct financial investments.
  • Non-financial contributions: Home improvements, renovations, or unpaid labour that increased property value.
  • Parenting and homemaking contributions: Childcare, household management, and other support provided for the family.

If one party made significantly greater contributions, they may receive a larger share of the property pool.

3. Considering Future Needs

The Court then assesses whether one party has greater financial needs than the other, based on factors such as:

  • Age and earning capacity
  • Health and ability to work
  • Childcare responsibilities
  • Financial commitments, including child support
  • Whether one party requires further education or training

Adjustments may be made to ensure financial fairness.

4. Ensuring a Just and Equitable Outcome

Finally, the Court considers whether the proposed settlement is practical and fair, making any necessary adjustments to achieve an equitable division of assets.

Formalising Property Settlements

Once an agreement is reached, it must be legally formalised to ensure financial separation and prevent future claims. This can be done through:

  • Binding Financial Agreements (BFAs)
  • Consent Orders approved by the Family Court

If no agreement is reached, our skilled lawyers can represent you in negotiations, mediation, or court proceedings to achieve the best possible outcome.

See our Separation Agreements and Consent Orders page for more information. 

Time Limits for Property Settlements

You can initiate your property settlement immediately after separation, but there are time limits for court applications:

  • Married couples: Within 12 months of divorce finalisation.
  • De facto couples: Within 2 years of separation.

Additional Legal Support After Property Settlement

Once your property settlement is finalised, we can assist with related legal matters, including:

  • Property transfers or sales
  • Updating your will and estate planning, including asset protection
  • Managing superannuation and financial arrangements

Get Expert Legal Assistance Today

Our experienced family lawyers can help you navigate the property settlement process with confidence. Contact Robbins Watson Solicitors today to schedule a free initial consultation with one of our experienced family lawyers to discuss your situation and explore your options. 

To book an appointment, you can:

  • Call us on 07 5576 9999
  • Book an appointment online by clicking here
  • Fill out our online enquiry form by clicking here

Alternatively, you can get started online now and receive a free personalised welcome pack in minutes.

📖 Read More: See our blog article Property Settlements After Separation: Steps to Fairly Divide Assets and Debts

Frequently asked questions by our clients

What is the Property Pool?

The property pool is all of the assets, superannuation and debt of the parties to a relationship or marriage, whether in sole or joint names, at the current date. There is a common myth that property settlement means dividing up what you had jointly when you separated. This simply isn’t the case. This is why we recommend sorting out your property settlement as soon as you can.

What if I don't know what property my ex has or I suspect they are hiding property? Do I have to give my ex financial documents?

Both parties, even during negotiations, have an obligation to provide full and frank disclosure of their financial circumstances to each other.

If there is a dispute about the value of something, we can assist to obtain valuations to settle the dispute or look at what other documents are necessary to determine the value.

If this is not taking place, there are steps we can take within Court proceedings to obtain financial documents.

How is property, superannuation and debts divided? Do I have to sell the house?

Property settlement doesn’t mean everything has to be sold.

We look at how your particular pool could be divided to achieve a fair outcome. This can include transferring superannuation between former spouses or partner (called “super splitting”) or making adjustments in assets or debts.

If any property you have is subject to a mortgage, we can assist you to navigate whether the house needs to be sold or not and how this can be dealt with in settlement.

When can I file an urgent application in Court?
  • One party is out of time to bring an application
  • One party is trying to hide or dispose of property
  • Spousal maintenance is required

Meet the team

Ruth Jeffers

Special Counsel

Alexandra Coyle

Senior Associate

Emily Molloy

Law Graduate

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What our clients have to say

As first home buyers Emma from Robbins Watson made the experience stress free. With her professional service and excellent knowledge of industry. Couldn't recommend her more. Thank you!

Kimberley G

Very pleased with this firm and the outcome we received. Highly recommend Robbins Watson for any Family Law matters.

Cate B

Sean and his team have always been incredibly supportive and knowledgeable. Couldn’t recommend Robbins Watson Solicitors more!

B.M.

I recently had the opportunity to work with Alexandra Coyle, and I couldn't be more pleased with the experience. From the outset, she demonstrated exceptional professionalism and a deep understanding of the legal issues involved which was very reassuring. I felt well-informed throughout the process, and she worked tirelessly to ensure a successful outcome for me. I’m glad I reached out to this firm. Thank you for making a challenging situation so manageable. I highly recommend Alexandra for anyone seeking reliable and empathetic legal assistance.

Justyna B

I was so pleased with Bell’s work. I found her easy to get along with, explain things clearly and make the whole process calm. I would recommend her to anyone going through an estate dispute.

Taylah C

Marcus, thank you again for your support throughout the settlement process, we very much appreciate your professionalism, advice and communication from start to finish! We would be happy to recommend Robbins Watson to our family and friends.

Angela

Good morning – just wanted to send a quick email off and let you know how impressed (my wife and myself) have been with Emma – We have bought a couple of properties up there over the last year or two – we’re from Wagga Wagga, NSW and are relocating up there at the end of this year. Emma has been absolutely fantastic to deal with and we couldn’t be happier!!! It makes things really easy when you have someone on the ball like she is – so yeah, just a quick ‘Well done’ – thanks so much, we really appreciate it and keep up the good work!

Jarrod

Thank you again for your services, I cannot fault you and your team. You are always such a pleasure to deal with and make what would normally be a stressful time, quite the opposite.

Emma (& Helen)

Please extend my warmest thanks to All that have assisted me. You all have made the process of dealing with Wills, selling property, and soon with my own Will and things. Robbins Watson have exceeded my expectations in ability, personal interactions, pleasant meetings; in short, you are my Solicitors of choice, and I say so to any and all.

George

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