Property settlement
When a relationship ends, dividing property and finances can feel overwhelming. Alongside the emotional impact of separation, there are often complex financial decisions that need to be made. At PRD Family Law, we guide you through the property settlement process with clarity, strategy, and a strong focus on achieving a fair and practical outcome.
Clear advice
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Negotiation support
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Fixed fees
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Court representation
How we help with Property settlement
Expert legal advice
Mediation & negotiation
Court representation
Property & parenting solutions
What is property settlement?
Property settlement is the legal process of dividing the assets, liabilities, and financial resources of a relationship following separation or divorce. In Australia, property settlement is governed by the Family Law Act 1975, and applies to married couples and de facto partners (including same-sex relationships).
Importantly, property settlement is not simply a “50/50 split.” The law requires a structured, step-by-step assessment to ensure the outcome is just and equitable.
Time limits you need to know
Strict time limits apply:
- Married couples: Applications must generally be made within 12 months of divorce
- De facto couples: Applications must usually be made within 2 years of separation
Seeking legal advice early is critical to protect your rights and options.
How the court determines a
property settlement
Property settlements follow a well-established four-step process:
Time limits you need to know
This includes all assets and liabilities of both parties, whether held jointly or individually, such as:
- Real estate and investment properties
- Savings, shares, and investments
- Businesses and trusts
- Superannuation
- Vehicles and personal assets
- Debts and liabilities
Assess contributions
The court considers the contributions made by each party throughout the relationship, including:
- Financial contributions (income, property, savings)
- Non-financial contributions (renovations, unpaid work)
- Contributions to the welfare of the family
- Homemaking and parenting contributions
Consider future needs
Adjustments may be made based on factors such as:
- Income and earning capacity
- Age and health
- Care of children
- Length of the relationship
- Financial resources and responsibilities
Ensure the outcome is just and equitable
The final step is to ensure the settlement is fair in all the circumstances.
Resolving property matters without court
Most property settlements are resolved without going to court. We focus on negotiation and dispute resolution to minimise stress, cost, and delay. Options may include:
- Lawyer-assisted negotiations
- Mediation and family dispute resolution
- Collaborative family law
- Formalising agreements through:
- Consent Orders
- Binding Financial Agreements
These options provide certainty and legal protection while avoiding lengthy litigation wherever possible.
When court proceedings are necessary
If an agreement cannot be reached, we provide strong representation through the court process. We will guide you at every stage, ensuring you understand your rights and the likely outcomes while working to secure the best possible result.
Why choose PRD Family Law?
We understand that property settlement is about more than finances – it is about your future security and stability. Our approach is practical, strategic, and focused on helping you move forward with confidence.
Ready to speak with a family lawyer?
Book a confidential consultation and get clear advice on your situation.
Clear advice. Strong advocacy. Real outcomes.
We help you move forward with confidence through every stage of your family law matter.
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