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Property Settlement Lawyer Melbourne
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When a relationship ends, financial decisions often carry long-term consequences. Getting the right advice early helps protect your position, clarify your entitlements, and avoid unnecessary disputes. At Aston Legal Group, our role is to guide you through the property settlement process with clarity and care, so you can move forward with confidence.
What is included in a property settlement?
Prior to commencing Court proceedings seeking a property settlement (by filing an Initiating Application for Financial Orders), parties should make a genuine effort to resolve their matter outside of the court system wherever it is appropriate to do so. If parties are unable to resolve their matter without resort to litigation, an application can be filed at any time after separation. Property settlements can be finalised prior to divorce but court proceedings for a property settlement should be commenced within 12 months of a divorce. There is a common misconception with property settlements that the parties assets will be divided equally between the parties however, this is not always correct. The Family Law Act sets out the factors which the Court takes into consideration when determining a property settlement.
The Process of a Property Settlement
Identify assets, liabilities and financial resources: The first step taken by the Court in determining a property settlement is identifying all items in the parties’ joint asset pool (which may be either jointly owned by the parties or solely owned by one of the parties). The items in a joint asset pool include not only real estate, bank accounts, motor vehicles and shareholdings but also all liabilities including mortgages, credit cards and personal loans. Each asset identified as forming part of the asset pool will need to have a value attributed to it. In circumstances where there is disagreement between parties of the value of assets or where it is difficult to attribute value to an asset, a professional valuer will often need to be engaged to perform an expert valuation.
Identify contributions made by the parties: After determining the asset pool, the Court will take into consideration the contributions that each party has made to the asset pool. The Court may then make adjustments in either party’s favour depending on such contributions. These contributions can include both financial and non-financial contributions and both direct and indirect contributions. Financial contributions can include personal income, redundancy payments and improvements to the value of assets as well as gains or windfalls, such as inheritances. Assets owned by a party prior to commencement of the relationship, known as ‘initial contributions’, are also included as financial contributions. Non-financial contributions typically include a party’s role as homemaker or having primary care of the parties’ children.
Identify the Future Needs of the Parties: The Court must also assess what, if any, the future needs of each of the parties are. This requires the Court to take into account a number of factors including age, health, income earning capacity, financial resources of each of the parties and the parenting arrangements and responsibilities of each of the parties. The Court then determines whether any percentage adjustment should be made in recognition of these factors.
Just and equitable: The final step in the Court’s process of determining a property settlement is to ensure that any orders it makes are just and equitable.
Clear Property Settlement Guidance Across Melbourne
Property settlements can feel overwhelming, particularly where there are significant assets, superannuation interests, or complex financial arrangements involved.
As experienced property settlement lawyers in Melbourne, Aston Legal Group provides strategic legal advice that balances legal entitlement with practical resolution. We focus on helping clients understand their position clearly, rather than escalating conflict or creating unnecessary delay.
Every matter is handled with attention to detail, transparency, and respect for the personal circumstances involved.
What Is a Property Settlement?
A property settlement is the formal process of dividing assets, liabilities, and financial resources following the end of a relationship and applies to married couples and de facto relationships, including same-sex relationships.
A property settlement may include:
- Real estate and investment properties
- Superannuation interests
- Businesses, trusts, and shareholdings
- Bank accounts, vehicles, and personal assets
- Debts such as mortgages, loans, and credit cards
Importantly, a property settlement after divorce is not automatic, and there is no presumption that assets will be divided equally. Each matter is assessed on its own facts under the Family Law Act.
Divorce and Property Settlements Are Separate Legal Processes
A common source of confusion is the relationship between divorce and financial matters. A divorce property settlement in Melbourne can be finalised before or after a divorce, provided time limits are met.
For married couples, court proceedings must generally commence within 12 months of a divorce becoming final. For de facto couples, the time limit is two years from the date of separation. Seeking advice early can help minimise the risk of protracted and costly disputes.
Our Approach to Property Settlements
Where appropriate, we prioritise negotiation and resolution outside of court. Many matters can be resolved through structured negotiation, mediation, or legally binding agreements, reducing cost, stress, and delay. Where court proceedings are necessary, our family lawyers in Melbourne provide clear advice and prepared representation, ensuring your matter progresses in an organised and informed way.
As experienced asset division lawyers in Melbourne, we assist clients with both negotiated outcomes and litigated property settlements, always guided by what is appropriate for the individual’s circumstances.
Property Settlements for De Facto Relationships
Property settlement matters for de facto relationships are assessed under the same legal framework as married relationships, provided certain criteria are met. De facto partners may have similar rights and obligations, including in relation to property, superannuation, and financial resources.
Our lawyers provide clear advice on eligibility, time limits, and likely considerations, helping clients understand where they stand and what steps to take next.
Why Work With Us
Aston Legal Group is a multi-award-winning family law firm, recognised for its commitment to professional excellence and client-focused service. Clients value our ability to explain complex financial and legal concepts clearly, our responsiveness, and our focus on cost-effective progress without unnecessary escalation.
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important things you should know
Important Things You Should Know about Property Matters
Before commencing court proceedings, parties are generally expected to make a genuine effort to resolve their property matter through negotiation or dispute resolution where appropriate. If agreement cannot be reached, an application can be filed with the Court after separation, subject to applicable time limits.
There is no automatic or equal division of assets. The Court considers:
- All assets and liabilities forming the joint asset pool
- Financial and non-financial contributions made by each party
- Future needs, including age, health, income capacity, and care of children
- Whether the outcome is just and equitable
Each matter is assessed on its own facts.
Superannuation is treated as property under the Family Law Act and can be divided between parties. This is usually done by splitting superannuation between funds, not converting it into cash. While equalisation is common, it is not automatic and depends on the circumstances of each case.
Yes. Parties can finalise a property settlement once they are separated, even if they are not yet divorced. This can be done through negotiation, legally binding agreements, or court orders.
Married couples must generally commence court proceedings within 12 months of divorce. De facto couples have two years from separation. In limited circumstances, extensions may be granted, but legal advice should be sought as early as possible.
“Liberty is the right to do what the law permits.”
Initial Discussion
Speak with our team to outline your situation and understand how property settlement laws may apply to you.
Obligation-Free Consultation
We take the time to understand your financial position and provide clear guidance on your options and next steps.
Let Us Get to Work
With a clear plan in place, we work towards resolution through negotiation or court processes, depending on what is appropriate for your matter.
We’re With You. All The Way Through.
If you are looking for a property settlement lawyer Melbourne clients rely on for clarity and practical advice, our team is here to help.