Property Settlements & Financial Arrangements

Expert Guidance Through Your Property Settlement Journey

At Invictus Legal, we understand that dividing assets after a relationship breakdown can be one of the most challenging aspects of separation. Our specialist family lawyers provide clear, strategic advice to help you achieve a fair property settlement that secures your financial future.

Whether you're seeking an amicable resolution or facing complex negotiations, our experienced property settlement lawyers will guide you through every step of the process with compassion and expertise.

What Is a Property Settlement?

Property settlement is the legal process of dividing assets, debts, and financial resources following the breakdown of a marriage or de facto relationship. Under Australian Family Law, property settlements aim to achieve outcomes that are 'just and equitable' based on your specific circumstances—not simply a 50/50 split as many assume.

The property pool to be divided may include:

• Real estate (family homes, investment properties)

• Superannuation (including self-managed super funds)

• Business interests or company shares

• Cash and savings accounts

• Investments, shares, and bonds

• Motor vehicles and personal belongings

• Inheritance and gifts

• Trust interests

• Debts and liabilities
  

How Property Settlements Are Determined

The Federal Circuit and Family Court of Australia follows a systematic approach when determining property settlements:

1. Identifying the Asset Pool

We begin by creating a comprehensive inventory of all assets and liabilities, regardless of whose name they're in. This includes property owned before the relationship, acquired during the relationship, or after separation but before settlement.

Full and frank financial disclosure is legally required—deliberately withholding information about assets can result in serious consequences. Our lawyers are skilled at identifying all relevant assets, including those potentially being concealed.

2. Assessing Contributions

The court considers both financial and non-financial contributions made by each party throughout the relationship:

• Direct financial contributions: Income, savings, and assets brought into or accumulated during the relationship

• Indirect financial contributions: Gifts or inheritances from family members

• Non-financial contributions: Home renovations, maintenance, and household improvements

• Parental contributions: Caring for children and managing household responsibilities
  

3. Evaluating Future Needs

Various factors affecting future financial circumstances are considered:

• Age and health status

• Income earning capacity

• Care responsibilities for children

• Financial resources and opportunities

• Length of the relationship and its impact on earning capacity
  

4. Just and Equitable Settlement

The final step involves determining whether the proposed division is fair and reasonable given all circumstances. This may result in an adjustment to ensure the outcome is just and equitable for both parties.

Our Property Settlement Services

At Invictus Legal, we offer comprehensive property settlement services tailored to your unique situation:

• Strategic advice on likely entitlements and optimal settlement approaches

• Skilled negotiation with former partners or their legal representatives

• Expert preparation of Binding Financial Agreements or Consent Orders

• Thorough investigation and valuation of complex asset structures

• Superannuation splitting arrangements

• Court representation when necessary

• Urgent intervention when assets are at risk of being disposed of

• Alternative dispute resolution services to avoid costly litigation
  

Binding Financial Agreements

Similar to a prenuptial agreement, a Binding Financial Agreement (BFA) allows couples to determine how assets will be divided if the relationship breaks down. These agreements can be made before, during, or after a relationship and provide certainty and protection for both parties.

Our lawyers can advise whether a BFA is appropriate for your circumstances and ensure it meets all legal requirements to be binding and enforceable.

Superannuation Considerations

Superannuation often forms a significant portion of a couple's asset pool but is frequently overlooked. We understand the complexities of superannuation splitting and can help ensure your entitlements are properly addressed, whether through retail funds or self-managed superannuation arrangements.

This is particularly important when one partner has taken time away from the workforce, resulting in an imbalance of superannuation assets.

Time Limits for Property Settlements

It's important to be aware of strict time limits for property settlement applications:

• Married couples have one year from the date their divorce becomes final

• De facto couples have two years from the date of separation

If these deadlines are missed, you may need special permission from the court to proceed, which is not guaranteed. We recommend seeking legal advice as early as possible to protect your interests.

Upcoming Changes to Family Law (2025)

From June 10, 2025, significant changes to family law property matters will take effect. These changes include:

• Courts must consider the economic impact of family violence in property matters

• New factors will apply when deciding arrangements for companion animals

These changes will affect ongoing property proceedings and new applications filed after this date. Existing property orders will remain unchanged.

Spousal Maintenance

Separate from property settlements, spousal maintenance provides financial support to a party who cannot adequately support themselves. This may apply if you:

• Are caring for children of the relationship

• Have health issues or disabilities affecting employment

• Lack current skills for gainful employment

• Have other valid reasons affecting self-support

The court considers various factors when determining maintenance, including income, property, financial resources, and ability to work of both parties.

Why Choose Invictus Legal?

Our property settlement lawyers offer:

• Expertise: Specialised knowledge of Australian Family Law and property matters

• Strategic approach: Tailored solutions that protect your financial interests

• Negotiation skills: Ability to achieve favorable outcomes without costly litigation

• Comprehensive support: Guidance throughout the entire process from initial consultation to final settlement

• Transparent communication: Clear advice on your entitlements and likely outcomes
  

Contact Us

Taking early legal advice is crucial to securing the best possible property settlement outcome. Contact our experienced property settlement lawyers today to discuss your situation and explore your options.

Phone: 02 8553 0500

Email: info@invictuslegal.com.au

This information is general in nature and should not be relied upon as legal advice. Each case is unique and requires specific legal advice tailored to your circumstances.