The division of property after a relationship ends is rarely straightforward. Family homes, businesses, trusts, investments, inheritances and superannuation can all be in the pool.
At Rosewood Law we give strategic advice tailored to your circumstances, so your financial future is protected while we pursue a fair and practical outcome. Whether through negotiation, mediation or litigation, we guide you through every stage of the property settlement process with clarity and confidence.
Many settlements are finalised without a contested hearing, through Consent Orders or a Binding Financial Agreement. When the other party will not engage, or assets are being hidden or dissipated, we act quickly to protect your position in the Federal Circuit and Family Court of Australia.
How we can help
- Family home and investment property division
- Businesses, companies and family trusts
- Superannuation splitting
- Inheritances, gifts and pre-relationship assets
- Consent Orders and formalising agreements
- Urgent injunctions to protect assets
How the process works
- 1
Identify the pool
We work out what you both own, owe and hold in superannuation, and obtain valuations where they are needed.
- 2
Assess contributions
Financial and non-financial contributions are weighed, including homemaking and parenting, from the start of the relationship to now.
- 3
Consider future needs
Age, health, earning capacity and care of children can shift the division in either direction.
- 4
Reach a just outcome
We test the proposed split against what is just and equitable, then formalise it so it is binding and final.
Common questions
Is there a time limit to apply for a property settlement?
Yes. Married couples generally have 12 months from the date a divorce order takes effect. De facto couples generally have two years from separation. Applying outside these limits requires the Court's permission, so early advice matters.
Is it always a 50/50 split?
No. There is no automatic starting point of equal division. The outcome depends on contributions, future needs and the specific facts of your relationship.
Do we have to go to Court?
Most matters settle through negotiation or mediation. If agreement is reached, it can be made legally binding through Consent Orders without anyone attending a hearing.
This page is general information only and is not legal advice. Contact us for advice on your circumstances.