Property Settlement Lawyer Canberra
Clear Property Settlement Advice at Every Stage
Whether you have recently separated, started negotiating or are ready to formalise an agreement, Family Law Resolutions can help you work through your property settlement and decide what needs to happen next.
We assist married and de facto clients across Canberra and the ACT through phone and video consultations, with support available from initial advice and financial disclosure through to negotiation, Consent Orders and Court proceedings where required.
Property Settlement Support at Every Stage
You do not need to wait until a dispute develops before speaking with a family lawyer. Getting advice at the right stage can help you understand what needs to be considered before you make financial decisions or agree to a settlement.
Recently Separated
Start by identifying the property, debts, superannuation and other financial interests that may form part of the settlement. We can explain your disclosure obligations and the factors that may affect the final outcome.
Starting Negotiations
Before agreeing to a percentage, payment or property transfer, understand how the proposed settlement affects you. We can review the financial information, identify issues that need attention and help prepare a settlement proposal.
Close to an Agreement
If you and your former partner have agreed on most or all financial matters, we can review the proposed settlement and help formalise it through Consent Orders or another suitable agreement.
Settlement Has Stalled
If disclosure is incomplete, negotiations have stopped or reasonable settlement attempts have failed, we can advise on the next step. This may include further negotiation, mediation or Court proceedings.
How Our Property Settlement Lawyers Can Help
A property settlement can involve much more than deciding what happens to the family home. Our family lawyers can assess the financial circumstances of the relationship and help you deal with the issues relevant to your settlement.
We can assist with:
- Identifying property, assets and liabilities
- Financial disclosure
- Homes and investment properties
- Savings and investments
- Mortgages, loans and other debts
- Superannuation
- Business and trust interests
- Settlement proposals
- Negotiations with your former partner or their lawyer
- Property Settlement Consent Orders
- Binding Financial Agreements where appropriate
- Court proceedings where an agreement cannot be reached
Family Law Resolutions focuses solely on family law and has more than 20 years of experience assisting with property settlements.
Why Canberra Clients Choose Family Law Resolutions
Family Law Resolutions assists clients across Canberra and the ACT by phone and video, giving you direct access to family law advice without needing to attend an office.
- 20+ Years in Family Law: Our team has extensive experience across property settlement and other family law matters.
- Family Law Focus: Our practice is dedicated to family law, so your property matter is handled within the broader context of separation and family law.
- Support at Every Stage: Get help from initial advice and disclosure through to negotiation, formal settlement or Court proceedings.
- Resolution-Focused Approach: We work to resolve matters through agreement and negotiation where possible, while providing Court representation when necessary.
- Phone & Video Consultations: Speak with a family lawyer from anywhere in Canberra or the ACT.
- Free Initial Consultation: Discuss your circumstances and the next step before deciding how you want to proceed.
Speak With a Property Settlement Lawyer in Canberra
Your property settlement can affect your home, savings, debts, superannuation and financial position after separation. Get advice before accepting an agreement or allowing the matter to remain unresolved.
Family Law Resolutions assists Canberra and ACT clients through phone and video consultations. We can review your circumstances, explain the issues that may affect your settlement and help you progress the matter towards a final agreement.
We’re here to help
We specialise in Family Law
Over 20 Years Practice Experience
Affordable Fixed Fees
We Assist in All States & Territories (except WA)
Focused on Clients. Known for Results
Free Consultation – Find out where you stand
We are solely dedicated to the practice of family law
Over 20 years family law experience
Practical and strategic advice
We assist in all states and territories across Australia, except WA
We listen to your story and work with you on achievable outcomes tailored to your specific circumstances
We focus on negotiation and settlement
We are experts in drafting family law consent orders & divorce papers
Free initial consultation – it costs you nothing to find out where you stand
Fixed fees to provide certainty and security
FAQs
Can we resolve a property settlement without going to Court?
Yes. Many property settlements are resolved through financial disclosure, negotiation or dispute resolution without a contested Court hearing.
If you reach an agreement, it can be formalised through Consent Orders or, where appropriate, a Binding Financial Agreement. The Court can make property orders based on an agreement between the parties without requiring the matter to proceed to a hearing or trial.
If financial information is withheld, negotiations fail or urgent orders are needed, Court proceedings may become necessary.
Is property divided 50/50 after separation?
Not automatically.
Australian family law does not apply a standard 50/50 split to every property settlement. The outcome depends on the property and liabilities involved, each party’s contributions, their current and future circumstances and whether the proposed outcome is just and equitable.
A family lawyer can assess these factors against your circumstances before you agree to a proposed division.
What property can be included in a property settlement?
A property settlement can involve real estate, bank accounts, investments, vehicles, businesses, trusts, superannuation, debts and other financial interests.
The first step is usually identifying the relevant property and liabilities and obtaining the financial information needed to assess them.
Does superannuation form part of a property settlement?
Yes. Superannuation is dealt with as property under the family law system and may form an important part of the overall settlement. A settlement can include a superannuation split where appropriate.
Specific rules apply to valuing and splitting superannuation, so advice may be needed before proposed orders are prepared.
What if my former partner will not disclose their finances?
Parties to a family law property matter have a duty to provide relevant financial information and documents. The duty starts before Court proceedings and continues until the matter is finalised.
If you believe information or assets are being withheld, a family lawyer can advise on the steps available to obtain disclosure and progress the settlement.
Can Family Law Resolutions help if we already agree?
No. You can deal with a property settlement after separation without waiting for a divorce.
Leaving property matters until after divorce can affect the time available to bring an application, so you should not assume the two processes need to happen together.
Is there a time limit for property settlement?
For married couples, an application for property or financial orders generally needs to be made within 12 months after a divorce becomes final.
For de facto couples, the general time limit is two years after the relationship ends. Permission from the Court may be required to start proceedings outside these periods.
Can de facto couples get a property settlement?
Yes, eligible former de facto partners can seek property and financial orders under the family law system.
Whether the de facto provisions apply will depend on factors including the relationship and its circumstances. If you are unsure whether you qualify, obtain advice before relying on the standard property settlement process.
How do we make an agreed property settlement legally binding?
If you have reached an agreement, one option is to apply for Property Settlement Consent Orders. The Court can approve agreed financial or property arrangements and make them legally binding.
Family Law Resolutions can review the settlement, prepare the proposed orders and application, file the documents and assist through to finalisation.
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