A property settlement divides the assets, superannuation and debts of a couple after they separate. It is governed by the Family Law Act 1975 (Cth) and applies to both married and de facto couples. There is no automatic 50/50 split: we apply the legal framework to reach an outcome that is just and equitable in your circumstances. We advise on property settlements from our offices in Newcastle, for clients across the Hunter and Australia.
How we help
We work to settle property fairly and finally, by agreement where possible. We:
- Identify and value the full asset pool, including superannuation, businesses and trusts.
- Advise on your likely entitlements under the legal framework set out in the Family Law Act 1975 (Cth).
- Negotiate a settlement and formalise it in consent orders or a financial agreement.
- Deal with superannuation splitting, and complex assets such as family trusts and business interests.
Why clients choose Mullane Lindsay
Our family law team is led by accredited specialists Catherine Williams and Ashleigh John, and is recognised in the Doyles Guide. For complex matters we work with forensic accountants and valuers so that every asset is properly identified and valued. Backed by the firm since 1976, we focus on a fair, durable outcome rather than a drawn-out fight.
How is property divided?
The court first decides whether it is just and equitable to adjust property interests at all, then follows a process to: identify and value the asset pool (all assets, liabilities and financial resources of both parties); assess each party’s financial and non-financial contributions, including homemaking and parenting; consider current and future circumstances such as age, health, income capacity and care of children; and determine an outcome that is just and equitable. Because it is fact-specific, early advice is essential.
How long do you have to apply?
Strict time limits apply. Married couples have 12 months from the date their divorce is finalised, and de facto couples have 2 years from the date of separation. Applying outside these periods needs the court’s permission, which is not guaranteed, so it is important to act in time and to formalise any agreement, because an informal agreement can be reopened years later.
