Ask us about our 'Pay at the End' options

8:30 - 17:30

Our Opening Hours Mon - Fri

(03) 9670 7577

Call Us For Free Consultation
LinkedIn
Instagram
Enquire Now →

Expert Property Settlement Lawyers in Melbourne

Navigating property settlements can be complex. Our experienced Melbourne lawyers are here to ensure a smooth and fair resolution, protecting your interests every step of the way.

Contact Us Today

Following a Divorce or Separation of a marriage or de facto relationship, any shared financial assets will need to be divided between you and your former spouse. This process is called a property settlement. 

At Oxford Partners, our Family Law & Property Settlement lawyers strive to protect your assets and ensure your financial security following your separation or divorce. Our Family Lawyers in Melbourne work to secure fair outcomes for all our clients, ensuring you can proceed with your property settlement with the most suitable legal advice and guidance.

Remove any uncertainty about your living situation, your assets, and providing for your children after a divorce or separation. Work with Oxford Partners Family Lawyers to secure a swift and thorough resolution to your property settlement matters.

Expert Advocacy for Complex Settlements

Our lawyers excel in negotiating property settlements and handling intricate financial disputes, ensuring your interests are protected throughout the process.

Specialised Legal Expertise

With a team dedicated exclusively to property settlement, we bring years of experience and a proven track record of successful outcomes.

Personalised, Empathy-driven Service

We understand that every situation is unique. Our lawyers provide tailored legal solutions, offering compassionate support while striving for the best possible outcome.

Proven Results You Can Trust

Partner with Melbourne’s trusted property settlement experts for a smooth, fair resolution backed by a history of successful case results.

Transparent and Flexible Fees

We offer clear, pragmatic fee structures, giving you access to top-tier legal representation without hidden costs or surprises.

Book a Free 30 Minute Consultation

Simply complete the form below. We will respond as soon as possible.

This field is for validation purposes and should be left unchanged.

What are Property Settlements?

A property settlement involves dividing assets between parties following a separation or the dissolution of a marriage. Typically, property settlements consider the value of all items in the asset pool, as well as the income/earning potential of both parties, contributions of both parties and the projected financial needs of both parties (including financial considerations for dependents during child custody arrangements).

In cases where one party was compelled to leave work for the purpose of parenting or homemaking whilst the other party provided financial support, there may be grounds to make an order for spousal maintenance or spousal support alongside finalising the property settlement. If you’d like to make an order for spousal maintenance, our Property Settlement Lawyers here at Oxford Partners Lawyers can offer their support and legal guidance alongside ensuring that your projected financial needs and consideration for any dependents are also included when finalising your property settlement arrangements. 

Contact Us Today

How is property divided in a divorce settlement?

The split of assets in any property settlement will always be determined by the employment history as well as projected financial needs for both parties, with considerations for dependents also made.

The Family Law Act 1975 sets out the general considerations that must be made when deciding property settlement cases (see sections 79(4) and 75(2) in relation to marriages, and sections 90SM(4) and 90SF(3) in relation to de facto relationships). 

Generally, lawyers and the Court determine a ‘fair split’ in a property settlement by considering the following variables:

  • joint assets and liabilities accrued during the relationship
  • direct financial contributions made by each party (i.e. earnings, savings, or property owned before the relationship by both separate parties)
  • indirect contributions by each party (i.e. gifts, inheritance)
  • improvements to property/financial assets that were financed by either party
  • any unpaid work that supported the relationship and dependents (i.e. homemaking, parenting, etc).
  • the projected financial needs of each party (i.e. how much they can expect to earn in the future, their age/employment status and history, and whether they’re caring for any or all dependents resulting from the relationship).

At Oxford Partners Lawyers, our Melbourne team ensures fairness, clarity, and support at every stage of the property settlement process. 

What is defined as ‘property’ in a property settlement?

In a property settlement, property is defined as any shared assets (i.e. property, vehicles, savings accounts, etc.) and liabilities (debts) that were accrued by either party prior to the finalisation of a property settlement.

Here is all the property you can expect will be included in the total asset pool during your property settlement proceedings: 

  • Any real estate owned by both or either party
  • Any investments owned by both or either parties
  • All bank accounts (offset accounts, savings accounts, chequing accounts) of both parties
  • Cars, boats, and other vehicles
  • Superannuation entitlements
  • Furniture, appliances, and valuables (i.e. jewellery, artwork, toolkits, etc.)
  • Businesses and business assets
  • Debts (i.e. mortgages, loans, credit cards and personal debts)
Get Started with Our Expert Team

Our Reviews Speak For Themselves

At Oxford Partners, we take pride in ensuring all of our clients can enjoy strong representation and effective resolutions. See what our clients have to say about our services.

Book Your Preliminary Property Settlement Consultation Today

From negotiation and mediation to final court orders, our Family Lawyers here at Oxford Partners Lawyers can guide you through the full process of property settlement agreements. 

Our team of Property Settlement Lawyers will work with you to attain the most ideal outcome for you and your family, safeguarding your finances post-divorce or separation. 

Be proactive with organising your property division post-divorce or separation. Book your free preliminary 30-minute consultation with our Melbourne Family Lawyers today. Call (03) 9670 7577 to learn more about our property settlement services or to speak with one of our Family Lawyers today.

Get Started Today

The Legal Process of Property Settlements

The process of finalising a property settlement in Australia is designed to be streamlined to accommodate the schedules of both parties and to ensure proceedings can be finalised within the stipulated timeframe (within 12 months following the finalisation of a divorce or within 24 months following the breakdown of a de facto relationship).

Here’s the step-by-step process of securing a property settlement agreement in Australia with the support of Family Lawyers:

Step 1: Initial Consultation

Upon separation or divorce proceedings, both parties are advised to seek counsel with Family Lawyers to outline their objectives during their property settlement.

Step 2: Property Valuation

Using information provided by clients, Family Lawyers will then conduct a property valuation to determine the total financial value of all assets in the asset pool that must be divided in order to finalise the property settlement agreement.

Step 3: Mediation & Negotiations

Once both parties and their representatives all have the correct information on hand, negotiations between parties and their Family Lawyers can formally commence. Negotiations can be formally conducted between parties or may be carried out in mediation or dispute resolution proceedings if necessary.

Step 4: Court Orders (if applicable)

If for any reason an agreement cannot be reached during mediation or dispute resolution proceedings, you may opt to progress your property settlement matter to Family Court. Here, a judicial officer will decide what is just and equitable (fair, according to the law) based on the unique facts of your case.

Step 5: Finalising your Property Settlement

Property settlements may be finalised independently if both parties are agreeable to each other’s terms. If an agreement has been reached independently, you can make a request to the Federal Circuit and Family Court of Australia to formalise the agreement and make Court Orders.

Property Settlement FAQ

How long does a property settlement take?
The duration of your settlement proceedings will depend on the complexity of your shared asset pool and whether or not both parties are willing to be readily agreeable to the settlement’s proposed terms. If both parties are agreeable to the terms of the settlement, proceedings may be finalised in as little as two to four weeks. If both parties are looking to contest terms and mediation is required, your property settlement may take months or even as long as three years if the matter goes to Court.
What should I bring to my preliminary property settlement consultation?
Clients are advised to bring a full and thorough history of the relationship to provide your Property Settlement Lawyer with an accurate timeline (i.e. the date upon which your domestic relationship commenced, as well as the birthdates of any dependents, date of property/asset purchases, date of separation/divorce, employment history for you and your former spouse, etc.). Alongside providing lists of shared assets, it’s also important to prepare a list of shared debts (i.e. credit card debts, mortgages, car loans, and other personal loans). Having these details on hand can help ensure your preliminary property settlement consultation is tailored to your unique financial needs.
How do you know what’s part of the shared asset pool in a property settlement?
Any financial assets that were secured before finalising your property settlement is classified as a ‘shared asset’ and your former partner may be able to make a claim on that asset as a result.
Can I organise a property settlement before divorce?
Yes. As there is a limited timeframe within which you are eligible to make an order for a property settlement, some Family Lawyers may actually advise that their clients commence their property settlement during separation rather than following the finalisation of their divorce.
Can you include a request for spousal maintenance in your property settlement arrangements?
As formerly married couples must make an order for spousal support within 12 months of the dissolution of the union and de facto couples within 24 months of the relationship breakdown, it’s recommended that you make an order for spousal maintenance simultaneous to arranging your property settlement.