Property & Financial Settlement After Separation or Divorce
Finalise Your Finances with Clarity and Confidence
Separating your finances after a relationship breakdown can feel overwhelming. Many people worry about whether they will be able to keep the family home, how debts will be managed, or what will happen to superannuation and other assets. At Arora Legal, our experienced property settlement lawyers understand how stressful this process can be, and we are here to help you achieve a fair and binding outcome so that you can move forward with confidence.
What Is a Property or Financial Settlement?
A property settlement, sometimes called a financial settlement, is the process of dividing assets, liabilities and financial resources after a separation. For many people, this becomes particularly important when they are finalising their divorce or separation, as a financial settlement after divorce ensures that property, superannuation and debts are dealt with properly.
A family law property settlement may include the division of the family home, investment properties, savings, shares, businesses, superannuation, loans, credit cards, vehicles and household contents. It may also cover spousal maintenance in certain cases.
The aim is always to reach a fair and legally binding division that reflects both parties’ contributions and considers their future needs.
How Does the Court Determine a Property Settlement After Divorce or Separation?
There is no fixed formula or automatic 50/50 division in Australia. Instead, the Family Law Act 1975 requires the Court to consider the following:
Step 1: The process begins by identifying the asset pool. This includes everything owed by either party, no matter whose name it is in.
Step 2: The Court then looks at contributions, including financial contributions such as income and mortgage repayments, and non-financial contributions such as homemaking or caring for children. The Court will also consider the effect of any family violence on a party’s ability to contribute.
Step 3: The next step is to consider future needs, such as age, health, income-earning capacity, who will care for children, housing and any violence and the ability to earn an income.
Step 4: The Court’s role is to ensure the outcome is just and equitable.
While only a Judge can make a ruling, with the expertise of our property settlement lawyers, most property settlements after divorce or separation are negotiated and finalised without the need for family court proceedings.
Your Options for Reaching an Agreement
Every family is unique, but there are several common pathways to resolving a family law property settlement. Some couples negotiate their own property settlement after divorce, with legal advice provided in the background. Others choose solicitor-led negotiation or lawyer-assisted mediation.
When an agreement is reached, it can be formalised through Consent Orders approved by the Court or a Binding Financial Agreement. If agreement cannot be reached, the Court has the power to decide.
Whatever path you choose, our role is to protect your interests and guide you through the process from start to finish.
Start Now – Pay Later With Just Fund
Many separating couples find that while they may own significant assets such as property or investments, they lack the immediate cash flow to fund ongoing legal fees for a divorce financial settlement. This can create enormous pressure and, without proper representation, may force someone into accepting an unfair or premature settlement.
At Arora Legal, we support clients in this position. As an Accredited Partner of JustFund – Australia’s only finance provider dedicated exclusively to family law matters – we can give you access to a tailored “Start Now, Pay Later” solution. You do not pay anything upfront; instead, repayment is made from your settlement once your matter is finalised.
This funding option can cover every aspect of your case, including expert reports, court fees and other necessary costs, so that you can pursue a fair financial settlement after divorce without being disadvantaged by cash flow. By removing the financial barrier to quality representation, we ensure the playing field is levelled and that you can focus on protecting your long-term financial future.
How Our Property Settlement Lawyers in Brisbane Can Help
At Arora Legal, we ensure financial disclosure is obtained and your contributions and future needs are properly recognised. Through advanced negotiation skills and strategic advice, we consistently secure fair and enforceable property settlements, giving you clarity, security and confidence in your financial future.
Speak To A Brisbane Property Settlement Lawyer Today
Navigate a straightforward or complex property settlement after divorce with more confidence. Our approachable and knowledgeable property settlement lawyers in Brisbane are ready to help. At Arora Legal, we offer a free 15-minute consultation to discuss your situation and outline your next steps.
Property Settlement FAQ’s
Is there a time limits on a property settlement?
The time limit for a property settlement after separation is 12 months from the date a divorce becomes final for married couples, and 2 years from the date of separation for de facto couples.
How long after separation can you claim property in Australia?
In Australia, the time limit for property settlement after separation is 12 months from the date a divorce becomes final for married couples, and 2 years from the date of separation for de facto couples.
If you miss these deadlines, you must apply to the court for permission ("leave") to proceed out of time, which the court will only grant for good reason and after considering factors like the length of the delay and any prejudice to the other party.
What are the risks of delaying a property settlement?
You should never delay finalising a property settlement after separation.
• Changing asset values, complicate and may inflate asset values - making settlement harder.
• Financial Uncertainty. Without a settled property agreement, it can be difficult to plan long-term financial arrangements- for e.g. buying another property
• Relationship breakdowns: What seems amicable right after separation may change. Delaying settlement can lead to conflict later—especially if one party re-partners—which might make negotiations more fraught.
• Missing Time Limits. If you delay and miss the time limits for applying for a property settlement, you will need to seek the courts permission to hear your claim. This adds to cost, time and delay in resolving your claim.
Can you do a financial settlement before divorce?
Yes. You can but it is preferable to resolve your property settlement before you obtain your Divorce Order, so that time limits do not start to run. You have 12 months from the date of the divorce order to apply for a court order.
Can I get a divorce before the property settlement?
Yes. You can but it is preferable to resolve your property settlement before you obtain your Divorce Order, so that time limits do not start to run. You have 12 months from the date of the divorce order to apply for a court order. For de-facto relationships you have 2 years from the date of separation.
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