Property and financial

Professional help with your financial and property settlement arrangements.

Separation, divorce and property settlements

After separation or divorce, you need to obtain a property settlement to formally split yours and your ex-partner’s assets and liabilities. Put simply, property settlements are a must to protect your future.

The Family Law Act 1975 outlines a four-step process for the division of property and finances to ensure that the settlement is fair for both parties.

Married couples must apply for a property settlement within 12 months of their divorce. For de facto couples, it must be done within 24 months of separation. Simple verbal or written agreements between the parties are not a good idea — please don’t do this!

Once property settlement orders are issued in the Federal Circuit and Family Court of Australia, your settlement is considered final, unless there are exceptional circumstances down the road.

How we can help you

Our property settlement lawyers can provide you with financial separation advice and representation. Our advice to you will be summarised in your personalised family law book, which you’ll receive after your initial consultation with us. We’ll also help you with finalising agreements, or preparing documents for Court, depending on your circumstances.

If you and your ex-partner agree on property matters

If you and your ex agree on a property settlement, we can help you formalise your agreement. This can be done in two ways:

1

Consent Order

This is where the Court approves a formal agreement between the parties to make it legally binding. You’ll need this, for example, if you want to divide superannuation between you and your ex. A Consent Order also helps to prevent one of the parties coming back for another bite of the pie later on.

Being legally binding, Consent Orders can be enforced by a Court if necessary.

2

Binding Financial Agreement

Post-Separation Binding Financial Agreements (also known as BFAs), are sometimes thought of as prenups for when you’ve already separated. They aren’t a Court Order, but a legally binding contract between you and your ex-partner.

We don’t often recommend this option, partly because an Order of a Court is more solid than a contract — we can discuss this with you if you are considering this option.

Note that this option is a little more complicated, and requires both you and your former partner to obtain independent legal advice (and for your lawyers to sign a Certificate that this advice has been given).

If you and your ex-partner do NOT agree on matters​

Unfortunately, agreement on property and financial matters is not always possible, and the only option left is to go to Court.  If this is where you’re at, we can assist and represent you via our monthly subscription plan and fixed fee Court services. With this option, you’ll know exactly what your family law bill will be each month.

Wanting to self-represent in Court?

We can help you with that too. Get in touch for our price list.

Whether you’re the applicant (you’ll be applying to Court) or the respondent (your ex-partner has applied to Court) we can prepare some or all of the documents you’ll need — whether via a monthly subscription plan, or as required for Court. Download our price list for full document details.

The family law monthly subscription package

Our monthly subscription package provides you with on demand access to our expert family and divorce lawyers when you need them.

For as little as $600 (incl. GST) a month, get the peace of mind of having an experienced family lawyer in your corner to:

  • ask all those “what if” questions you have;
  • get clarity around all those overwhelming decisions;
  • receive expert advice; and
  • negotiate with your ex-partner (or their lawyer).

This fee is charged per calendar month, and does not include drafting substantive documents (other than correspondence).

We’ll also provide any additional services as required, including preparing for Court hearings, briefing counsel, and attending family mediation. Our subscription package is best for those that expect to need our help over a period of several months — and possibly longer. Think of it as your family lawyer on tap!

Where to from here?

Need help in your family law matter, but not sure where to start? Our simple 3-step process makes it easy to get the help you need.

1

Book 
Book your first consultation with us here.

2

Meet 
Our experienced family and divorce lawyer will meet with you to understand your situation, answer your questions and give you advice and options on what to do next.

3

Next Steps
We’ll send you a personalised family law to guide you throughout the process, and towards your next step — whichever path you decide to take.

Enter your details below to download our price list.