Property Settlement Lawyers Melbourne
It is essential to get legal advice from experienced Property Settlement Lawyers before you discuss financial issues arising out of a separation with your spouse or partner.
Strategic Property Settlement Advice to Protect Your Financial Future
If you are separating from your spouse, obtaining early advice from experienced property settlement lawyers is critical.
Decisions made at the beginning of a separation can significantly affect your long term financial position. Our Melbourne property settlement lawyers provide clear, strategic guidance to protect your interests and secure a fair outcome under the Family Law Act 1975.
We act for married and de facto couples across Melbourne and regional Victoria in complex and high value property division matters.
Experienced Melbourne Property Settlement Lawyers
Property settlement is not simply about dividing assets. It requires careful analysis of financial structures, contributions, future needs and taxation consequences.
Our team advises on: (Separate in two columns with the bubble graphic around each)
Negotiated and out of Court property settlements
Complex asset pools and financial structures
Business and company valuations
Family trusts and corporate entities
Capital Gains Tax considerations
Superannuation splitting
Property settlements involving medical and dental professionals
Identifying undisclosed or hidden assets
Tax effective settlement structuring
Sole use and occupation of the family home
Certification of New Zealand Relationship Property Agreements
Informal Property Settlements Can Carry Significant Risk
While parties may reach private agreements, informal property settlements are not legally binding unless properly formalised.
Unless the agreement is documented through Consent Orders approved by the Court or a Binding Financial Agreement prepared in accordance with legislation, either party may later apply for a different division of property.This exposes you to ongoing financial uncertainty.
Our property settlement lawyers in Melbourne ensure your agreement is structured correctly to provide certainty and finality.
Watch and Learn
View our video and learn more about us
Meet Some Of Our Family Lawyers
Hayder Shkara
Director and Practice Manager
Silvio Auditore
Solicitor
Alison Loach
Senior Associate
Giuseppe Rubino
Senior Associate
How Property Settlement Works Under the Family Law Act
A family law property settlement involves determining how assets, liabilities and financial resources will be divided following separation.
The Court considers a range of factors including:
The financial and non financial contributions of each party
Contributions to the care and welfare of children
The length of the relationship
The future needs of each party, including income earning capacity and health
Whether the proposed division is just and equitable
Understanding how these factors apply to your circumstances is essential to achieving a fair and defensible outcome.
What Is Included in a Property Settlement
Property can include
- The family home and investment properties
- Shares and managed investments
- Business interests and company shares
- Trust interests
- Vehicles and personal property
- Superannuation
Our Melbourne property settlement lawyers ensure that all assets and financial resources are properly identified, valued and considered in the final division.
Mediation and PreAction Requirements
Before commencing Court proceedings, parties are generally required to comply with pre action procedures designed to encourage resolution through negotiation or mediation.
This usually involves:
- Attempting to resolve the dispute through mediation
- Exchanging full financial disclosure
- Making a genuine settlement offer
- Outlining the orders sought from the Court
We guide you through these requirements while maintaining a strong and strategic negotiating position.
Consent Orders and Binding Agreements
If an agreement is reached, we prepare and lodge an Application for Consent Orders with the Court.
Once approved, Consent Orders carry the same legal force as a judicial decision. This provides certainty, avoids lengthy litigation and ensures the outcome is just and equitable.
Where appropriate, we also prepare Binding Financial Agreements to formalise property settlements outside Court proceedings.
Full and Frank Financial Disclosure
In every family law property settlement, both parties are required to provide full and frank disclosure of all assets, liabilities and financial resources.
Failure to disclose relevant information can have serious consequences, including the setting aside of orders.
We carefully review financial disclosure to ensure transparency and identify any discrepancies that may affect your entitlement.
Speak With a Property Settlement Lawyer in Melbourne
If you are navigating separation and require clear advice about property division, superannuation splitting or complex financial structures, our experienced property settlement lawyers in Melbourne are ready to assist.
Early strategic advice can significantly strengthen your position and protect your financial future.
Related Articles & Cases
Frequently Asked Questions
What is property settlement in family law?
Property settlement refers to the formal division of assets, liabilities, and financial resources following the breakdown of a marriage or de facto relationship. It’s not just about physical property — it includes bank accounts, superannuation, businesses, vehicles, and even debts.
If you’re navigating a separation, property settlement lawyers can help ensure your agreement is fair and legally sound and take into account both financial contributions and future needs.
Key Tip: Don’t assume a 50/50 split — Australian family law bases settlement outcomes on a range of factors unique to your situation.
Do I need a best lawyer to handle my property settlement?
While you’re not legally required to engage a lawyer, having one can make the process significantly more manageable — especially when emotions are running high or the asset pool is complex.
Best Property settlement lawyers do more than paperwork. They help you understand your entitlements, negotiate on your behalf, and ensure all documents comply with family law regulations. Even if you and your ex-partner agree on everything, a lawyer can draft binding documents that protect both parties in the long run.
Key Tip: If your agreement isn’t formalised through a consent order or binding financial agreement, it may not be enforceable later.
How long do I have to reach a property settlement?
There are legal time limits you should be aware of:
Married couples: You must apply for a property settlement within 12 months of your divorce becoming final.
De facto couples: You have two years from the date of separation.
If you miss these deadlines, you’ll need special permission from the court to apply — and that’s not guaranteed. Property settlement lawyers can help you meet these deadlines and avoid unnecessary complications.
Key Tip: Don’t wait too long. Even informal verbal agreements can be disputed later if not legally documented.
What does a property settlement lawyer actually do?
A property settlement lawyer will:
- Review your asset pool and help identify all relevant financial information
- Provide advice on your legal entitlements
Draft and lodge consent orders or financial agreements - Negotiate with your ex-partner’s legal representative
Represent you in court if an agreement can’t be reached - Their goal is to ensure you get a just and equitable outcome, based on your specific circumstances. They’re also skilled in spotting hidden assets, tax implications, or superannuation issues that could otherwise go unnoticed.
Key Tip: Choose a lawyer who understands both your financial and personal priorities.
Can we settle property matters without going to court?
Yes — and most people do. The majority of property settlements are resolved through mediation, negotiation, or consent orders, without ever stepping into a courtroom.
Engaging property settlement lawyers early can actually help you avoid litigation by ensuring the process stays constructive. They’ll help facilitate communication and ensure all legal steps are followed, so your agreement holds up legally.
Key Tip: Settling out of court saves time, money, and stress — but the agreement still needs to be legally binding to protect you in the future.
What if my ex is hiding assets?
Unfortunately, asset hiding is more common than it should be. If you suspect your former partner is being dishonest about finances, property settlement lawyers can help uncover hidden accounts, trusts, or transactions.
They work with forensic accountants and financial experts when needed and can request disclosure through formal legal processes.
Key Tip: Never rely solely on what your ex tells you — always seek independent advice and documentation.
How much does a property settlement lawyer cost?
Costs vary depending on the complexity of your case. Some lawyers offer fixed-fee services for straightforward matters, while more complex negotiations may be charged at an hourly rate.
The good news is that most property settlement lawyers are upfront about fees, and some offer a free initial consultation to assess your case.
Key Tip: Ask for a written costs agreement before you begin so there are no surprises.