When couples split, our experienced divorce property settlement lawyers at Swanwick Murray Roche can provide the legal representation needed to help secure a solid financial future.
Divorce property settlement lawyers who can guide you
The property settlement process usually occurs following a divorce or de facto relationship separation. It’s where the assets and liabilities of the couple are split according to certain rules under the Family Law Act with a view to obtaining a fair and reasonable result for both parties.
When couples first separate, one of the first very real and normal questions is “what will my financial position look like after divorce/separation?”. Our family law-experienced property settlement lawyers based in Rockhampton provide clear, confidential advice from the start so you can make informed decisions with confidence. We understand how the Family Court approaches these matters and can help you navigate your options.
Let our family lawyers guide you
It is important to get the right advice, as early as possible. If you do not, you may accidentally do or say something that can negatively impact your entitlements and affect your family law property settlements.
Our experienced family lawyers can help you:
- know your rights and options, and clarify what you can expect from a property settlement
- create a strategy for your dispute
- outline ways to resolve the dispute as quickly as possible
- help you seek support to reduce the effect of the dispute on yourself and any children.
We also advise on a more formal option, like a binding financial agreement, depending on the needs of the parties involved. If you’re seeking trusted divorce property settlement lawyers, we’re here to help.
How are our property settlement lawyers different?
Our specialist family law firm understands the emotional challenges and uncertainty you face during separation or divorce. Whether you’re worried about child custody, your financial future, or personal safety, we offer clear, practical advice to help you move forward with confidence.
Many clients feel overwhelmed and unsure of their options, especially when relying on advice from well-meaning friends or family. Our lawyers focus on your unique situation, not just the paperwork, and work towards a fair and just resolution tailored to your needs.
Your first family law appointment
At your first appointment, you’ll:
- Meet with an experienced lawyer
- Receive upfront advice on legal costs and timelines
- Be heard and understood
- Get clear guidance on how we’ll handle your matter
Go forward with a solid strategy
With decades of experience in family law settlements, we help you navigate the property division process with a strategy aimed at achieving a fair property settlement. We guide you through each step, from financial disclosure to finalising a formal property settlement, while ensuring full financial disclosure from all parties involved.
Please note that it’s important to seek legal advice early so we can help you secure a fair settlement under the Family Law Act.
FAQs about divorce property settlements
When do I need to start a property settlement?
Property settlements can be carried out at any time after separation. However, you must make your application to the court for a property settlement within 12 months of a divorce order being made. For de facto relationships, you must make the application to the court within 2 years after the date that the relationship has ended. If you do not make your application within time, you may lose the right to do so. It is important that you seek advice straight away.
How is a property settlement calculated? Is there a property settlement calculator?
Ultimately, property settlements are decided by the Federal Circuit Court. The same laws apply across Australia, except in Western Australia.
To calculate a property settlement, the court follows these steps:
- It takes an inventory of all assets involved and liabilities at the time of separation.
- A current value is placed on all assets, including superannuation.
- The court then determines an equitable division of the total property pool, considering both financial and non-financial contributions made by each party during the relationship.
Due to the complexity of the calculations, a property settlement calculator is not feasible. You should seek legal advice to guide you through the process.
Additionally, when determining how assets will be divided, the Court will consider each person’s “future needs,” including:
- Future obligations
- Financial situation, and
- The cost of caring for any children from the relationship. Our family law team are also parenting and child custody lawyers who can assist in these matters.
It’s important to ensure that any settlement is properly documented and finalised.
How is a property settlement documented?
A property settlement agreed between the parties can by documented (by law) through either of the following options:
- By including the agreement in Consent Orders made by the court with the consent of both parties; or
By incorporating the agreement in a Financial Agreement, which does not require Court approval but is still binding on both parties. The legal division of assets should be clear and enforceable through these processes.
Can I still apply for a property settlement even if everything is in my former partner’s name?
Yes, when identifying assets involved in a property settlement, it is irrelevant whether the property is owned in joint names or owned by one party only. There may also be hidden assets or property held by trusts, companies, or other entities that must be considered. The parties’ property needs to be assessed comprehensively to ensure a fair settlement.
What if my former partner wants to sell property but I don’t?
If the property is jointly owned, both parties must agree to its sale or another arrangement for handling the property. However, the Court has the authority to order the sale of the property if it determines that such a sale is necessary for the equitable distribution of the asset division. If a Consent Order is in place, it may be used to enforce the agreed-upon arrangements.
Can complex financial structures affect the property settlement process?
Yes, complex financial structures, such as trusts, family companies, or partnerships, can significantly impact the property settlement. These structures may need to be properly valued, and their implications fully understood to ensure a fair property split. It’s essential to consult legal representatives with experience in navigating such structures to avoid potential issues during the settlement process.
If my spouse acquires property following our separation, am I entitled to any of it?
The relevant pool of property is the property that the parties hold jointly, individually or with another person, or that is held by a trust, company, partnership etc. at the time of the parties reaching agreement or when the Court decides the matter.
If your spouse acquires property after separation, it may still be considered in the property settlement, depending on the nature of the asset and the timing of the acquisition. The court may review the asset pool at the time of the settlement, including any property gained post-separation, to ensure an equitable division based on the financial relationships and financial ties between both parties.
What happens if my partner moves out of the property and stops paying their share of the mortgage?
If your ex partner is named on the mortgage for the property then they continue to be liable to pay the mortgage. This applies regardless of whether or not they are living in the property. They will stop being liable when their name is removed from the mortgage, which may be part of the property settlement agreement reached between you and the other party.
Most separated spouses reach agreement about the continued payment of these expenses until final agreement on dividing assets and severing their financial relationship can be reached. It’s also important to consider any tax implications that may arise from the transfer or sale of property. If your ex partner refuses to contribute to these expenses please seek out our specialist family law advice as soon as possible.
What happens if my partner moves out of the property and stops paying their share of the mortgage?
If your ex partner is named on the mortgage for the property then they continue to be liable to pay the mortgage. This applies regardless of whether or not they are living in the property. They will stop being liable when their name is removed from the mortgage, which may be part of the property settlement agreement reached between you and the other party.
Most separated spouses reach agreement about the continued payment of these expenses until final agreement on dividing assets and severing their financial relationship can be reached. It’s also important to consider any tax implications that may arise from the transfer or sale of property. If your ex partner refuses to contribute to these expenses please seek out our specialist family law advice as soon as possible.
Are domestic tasks considered a contribution for the purposes of a property settlement?
Yes. In assessing the contributions each party has made to the acquisition, conservation and improvement of the pool of property, our divorce property settlement lawyers will consider financial, non-financial, and family welfare contributions, such as homemaker and parent roles. These domestic tasks are recognised as valid contributions to the financial relationship.
Each contribution, including those evidenced through bank statements or other financial records, is weighed in context to achieve an equitable outcome. Rather than assessing each contribution in isolation, the court considers the overall picture to help reach a fair agreement.
How is superannuation treated in a property settlement?
Superannuation interests are an important part of the property pool in a property settlement. Both parties are entitled to a share of any superannuation accrued during the relationship. A financial arrangement can be made to divide these interests, ensuring both parties receive a fair portion of the assets, and financial stability is maintained in the long term.
How can divorce property settlement lawyers help when corporate entities are involved?
When property settlements involve corporate entities or other corporate entities, things can quickly become complex. Our divorce property settlement lawyers can help you navigate these complexities by identifying how business structures, shares, or trusts may impact your entitlements. They can also guide you through the separation process, working to protect your interests and ensure full financial disclosure.
During your initial consultation, your lawyer can assess the extent of the corporate involvement and help you understand how to structure your settlement. They can also assist in drafting and taking steps to enforce consent orders, ensuring the agreement is legally binding and enforceable by the court.
How can divorce property settlement lawyers help secure my financial future?
Divorce property settlement lawyers play a vital role in helping you reach a fair and legally binding financial agreement. SMR’s expert family lawyers will assess your financial contributions during the relationship, including income, assets, and non-financial efforts such as caregiving or homemaking. Our lawyers also consider any financial support needs moving forward, ensuring your financial future is protected as part of the settlement process.
Resources for property settlements
Explore recent legal updates and property tips on our family law resources page. These offer general guidance, not tailored advice. For help specific to your situation, especially when your financial interests or financial settlements are involved, please contact us directly.
Family law matters often involve more than legal issues. Below are links to services that can assist. Just be sure to check confidentiality rules or speak with us for guidance about your financial resources and personal needs.
FAQs about divorce property settlements
Property settlement resources
Relationship support
Quick links for our most commonly used family services:
Parenting Law | Divorce & Separation | Adoption | Adult Child Maintenance | Binding Financial Agreements | Spousal Maintenance | Parental Child Abduction | Superannuation Splitting | Domestic Violence Orders
