Property Settlement
- Property Less Adversarial Trials
- Affidavits
- Bankruptcy and Family Law
- Binding Financial Agreements v Consent Orders
- Business Ownership and Divorce
- Capital Gains Tax and Property Settlements
- Case Assessment Conference
- Property Settlement – Case Study 1
- Property Settlement – Case Study 2
- Caveat to Protect Real Property
- Caveats Property Family Law
- Property Chronology
- Compensation
- Property Conciliation Conference
- Conciliation Conferences
- Constructive Trusts
- Contempt
- Contraventions
- Costs
- Cryptocurrency in Property Settlements
- Daly & Terrazas: Assessing Parties’ Contributions
- The Dangers of Informal Property Settlements
- Death During Family Law Proceedings
- Depleted Assets
- Duty of Disclosure
- Property Discovery
- Discretion of Court
- The Doctrine of Exoneration, Property Settlements, Separation and Divorce
- Does Cheating During a Relationship Affect a Property Settlement?
- Enforcement of Property Orders
- Enforcing Financial Orders
- Setting Aside Existing Financial Orders After Revaluation of Property
- Extra-Marital Affairs and Property settlements
- Family Law Consent Orders
- Family Law Mediation
- How Are Family Trusts Treated in Family Law?
- Family Trusts Asset Pool
- Legal Fees and Add Backs
- Field & Kingston: Sale of Property After Orders by Consent
- Financial Contributions
- Financial Contributions – Relatives
- Duty of Disclosure – What Is Required?
- Property Financial Questionnaire
- Financial Statements
- Gifts from Family During a Relationship
- Gifts in Property Settlements
- Heads of Agreement: Resolving Financial Matters at Mediation
- High Net Worth Cases
- Hogan Orders
- Homemaker Contributions
- How Long After Separating Should You Start Property Settlement?
- Impact of New Partner on Property Settlement
- Inheritances in Property Settlements
- Initial Contributions in Property Settlements
- Intellectual Property in Settlements
- Interim Property Settlement
- Is Everything Split 50/50?
- Who Generally Pays Legal Fees in Property Matters?
- Lotto Wins
- Marriage Assets
- Needs and Future Needs
- Non-Financial Contributions
- Offers of Settlement
- Parental Contributions
- Is Your Partner Hiding Assets or Cash from the Asset Pool?
- Pattison & Loomis: Consent to Arbitration Must Be Unequivocal
- Personal Injury Payouts in Property Settlements
- Pets as Property
- Post-Separation Inheritances
- Propert acquired after separation
- Property Case Studies
- Property Disclosure
- Property Five-Step Test
- Property Orders – Consent Orders & Judge Made Orders
- Property Settlement Basics
- Property Settlements and Items of Sentimental Value
- Family Violence in Property Matters Post-Keating v Keating
- Real Estate Valuations and Family Law
- Reproductive Technology and Separation
- Resolving Property Matters Without Going to Court
- Self-Managed Super Funds and Property Settlements
- Settlement Short De Facto Relationship
- Single Expert
- Steps to Divide Property
- Subpoenas
- Superannuation Splits (WA)
- Superannuation Splitting
- Third Parties in Property Disputes
- Thorne v Kennedy: Prenuptial Agreements
- Valuable Household Assets
- Valuations
- Violent Conduct and Property Settlements
- What Happens After the Death of a Party?
- Who Should Move Out?
A “property settlement” is the general term used for the financial settlement that occurs after a couple has separated. In layman’s terms, it means “who gets what and why. In legal speak, any settlement reached must be “just and equitable”.
In determining the parties’ assets to be distributed, the term “property” does not just mean real estate. It includes all assets such as shares, investments and bank accounts. It also includes the value of any business and also the value of interests in any companies and trusts. The parties’ superannuation is also included.
In determining a percentage division, a court will look backwards to assess each party’s contributions to the asset pool. It will also look forwards to assess each party’s respective needs. Each of these assessments is an exercise in its own right.
Once a percentage division is reached, how each of the parties is to receive that percentage entitlement is considered. For example, if one party wants to retain the family home, numbers are crunched to determine what payment that party should receive, taking into account what other assets and superannuation each party is retaining.
A financial settlement can be reached by agreement between the parties or ordered by a court, if no agreement can be reached. If the agreement is reached by consent, it is very important to ensure that the agreement is formalised, either by way of Consent Orders through the Federal Circuit and Family Court of Australia (FCFCA) or by way of a Financial Agreement.
Awards & Recognition
Consistently recognised by Doyle's Guide
The lawyers leading our practice are consistently recognised by Doyle's Guide, featuring across both leading firm and recommended lawyer categories.
Doyle's Guide independently ranks Australia's top lawyers and law firms based on peer review and client feedback across all major practice areas.
- Recommended Criminal Defence Law Firm NSW
- Recommended Criminal Lawyer ACT Stephanie Beckedahl
- Recommended Criminal Defence Law Firm NSW
- Leading Criminal Lawyer NSW Trudie Cameron
- Recommended Criminal Defence Law Firm NSW
- Leading Criminal Lawyer NSW Trudie Cameron
- Rising Star in Criminal Law NSW Sophie Ogborne
- Recommended Criminal Defence Law Firm NSW
- Leading Criminal Lawyer NSW Trudie Cameron