PROPERTY SETTLEMENT LAWYER AUSTRALIA

The breakdown of a marriage or de facto relationship can create significant financial uncertainty. In addition to the emotional impact of separation, important decisions may need to be made about property, businesses, superannuation, debts, investments and future financial arrangements.

Chris Garlick provides experienced legal advice and representation as a Property Settlement Lawyer Australia, assisting clients throughout Australia with property settlements and related family law matters.

Whether your property matter is straightforward or involves complex financial structures, early legal advice can help protect your interests, reduce uncertainty and clarify the next steps.

What Is a Property Settlement?

A property settlement is the legal process of dividing assets, liabilities and financial interests following the breakdown of a marriage or de facto relationship.

The property pool may include:

• The family home
• Investment properties
• Bank accounts and savings
• Businesses and company interests
• Trust interests
• Superannuation
• Shares and investments
• Motor vehicles
• Cryptocurrency
• Personal property
• Mortgages, loans and other debts

A property settlement may be resolved through negotiation, Consent Orders, a Binding Financial Agreement or proceedings in the Federal Circuit and Family Court of Australia.

Property Settlement Is Separate From Divorce

Many people believe that property is automatically divided when a divorce becomes final. However, divorce and property settlement are separate legal processes.

A divorce legally ends a marriage. It does not determine how the family home, businesses, superannuation, investments, debts or other assets will be divided.

Therefore, separated couples should consider property settlement as early as possible, even if they have not yet applied for divorce.

Learn more on the Divorce Lawyer Australia page.

Identifying the Property Pool

An important step in a property settlement is identifying the assets, liabilities, superannuation interests and financial resources of both parties.

This may include property held:

• In either party’s individual name
• In joint names
• Through a company
• Through a family trust
• Through a business structure
• In Australia or overseas
• On behalf of another person or entity

Both parties generally have ongoing financial disclosure obligations. Therefore, each party may need to provide documents relating to income, bank accounts, property, businesses, trusts, superannuation, investments and debts.

Financial and Non-Financial Contributions

The Court may consider the financial and non-financial contributions made by each party before, during and after the relationship.

These contributions may include:

• Property owned before the relationship
• Income and wages
• Mortgage and household payments
• Inheritances
• Gifts from family members
• Contributions to a business
• Renovations and property improvements
• Homemaking
• Parenting and caring responsibilities
• Unpaid work performed for the family

The Court does not simply divide property equally. Instead, the outcome depends on the individual circumstances of the relationship.

Future Needs and Other Considerations

The Court may also consider each party’s future circumstances when determining whether a proposed property settlement is just and equitable.

Relevant matters may include:

• Age and health
• Income and earning capacity
• Care of children
• Financial responsibilities
• Access to financial resources
• The length of the relationship
• The effect of family violence, where relevant
• The practical effect of the proposed settlement

Changes to Australian family law that commenced on 10 June 2025 expressly recognise the economic effect of family violence and strengthen financial disclosure obligations in property matters.

Time Limits for Property Settlement

Strict time limits may apply to property settlement proceedings.

Generally:

• Married parties must commence property settlement proceedings within 12 months after their divorce becomes final.
• De facto parties must generally commence proceedings within two years after the breakdown of the relationship.

If a person applies after the relevant deadline, they may need permission from the Court. Permission is not automatically granted.

For this reason, obtaining legal advice before the limitation period expires can help protect your rights.

Property Settlement by Agreement

Many property settlements are resolved without a final Court hearing.

Parties may reach an agreement through:

• Direct negotiation
• Lawyer-assisted negotiation
• Mediation
• Family dispute resolution
• Consent Orders
• A Binding Financial Agreement

Where an agreement is reached, it should usually be formally documented. Informal agreements may not provide adequate protection or prevent future claims.

An Application for Consent Orders may be used to ask the Court to formalise agreed financial and property arrangements.

Complex Property Settlement Matters

Some property settlements involve complex financial issues that require careful legal and financial analysis.

Chris Garlick advises clients in matters involving:

• Family businesses
• Companies and corporate structures
• Family trusts
• Self-managed superannuation funds
• Multiple properties
• Overseas assets
• High-value investment portfolios
• Cryptocurrency
• Inheritances
• Disputed valuations
• Hidden or undisclosed assets
• Bankruptcy and creditor issues
• Tax consequences arising from a settlement

Complex property matters may require evidence from accountants, valuers, forensic accountants or other financial experts.

Superannuation and Property Settlement

Superannuation is generally treated as property under Australian family law and may form part of the overall property settlement.

A superannuation interest may be valued and divided through a superannuation splitting order or agreement. However, a superannuation split does not usually result in immediate access to the funds. The money generally remains subject to superannuation laws and preservation requirements.

Legal advice can help ensure that any proposed superannuation split is properly structured and documented.

Why Choose Chris Garlick?

Chris Garlick provides practical and strategic legal advice focused on resolving property settlement and financial matters as efficiently as possible.

He gives each client advice tailored to their individual circumstances. Depending on the matter, this may include assistance with negotiation, mediation, Consent Orders, Binding Financial Agreements or representation in the Federal Circuit and Family Court of Australia.

As a Property Settlement Lawyer Australia, Chris assists clients with both straightforward property settlements and complex matters involving businesses, trusts, companies, superannuation, investments, overseas assets and disputed financial arrangements.