Property Settlement Lawyers in Melbourne

Protect your future with the right financial settlement after separation

When a relationship ends, dividing property, finances, and superannuation can be overwhelming. 

At Hamilton Thomas Lawyers, we provide clear, practical guidance under the Family Law Act 1975 to help you navigate your property settlement with confidence.

  • Tailored family law advice to protect your financial future

  • Negotiation-first approach to avoid unnecessary court battles

  • Legally binding agreements that prevent future claims

  • Experience with complex assets like businesses and super funds

  • Trusted Melbourne-based family lawyers with local expertise

Why You Need a Formal Property Settlement

A verbal or written agreement between parties isn’t legally binding unless it’s:

  • Sealed by the Court as Consent Orders, or

  • Signed off as a legally compliant Binding Financial Agreement.

These documents can be put in place before, during, or after separation or divorce.

Without formalisation, assets like your home, business interests, superannuation, or even future inheritances could be disputed, sometimes years later. Getting legal advice early helps protect your interests long-term.

Divorce Trends That Shape Your Settlement

New insights from the Australian Institute of Family Studies reveal important trends that could shape your property settlement journey.

  • Marriage Duration Matters:

    The average marriage lasts 13 years before divorce, meaning more complex property splits.

  • Divorce at Older Ages:

    The typical age for divorce is 47 for men and 44 for women, often with bigger asset pools to sort out.

  • Children and Settlements:

    Nearly half of all divorces involve kids under 18, adding layers to property and child custody negotiations.

  • Long-Term Marriages on the Rise:

    29% of divorces in 2023 were from marriages lasting 20+ years, making property division even more intricate.

Need clarity on your property settlement? Hamilton Thomas Lawyers can help.

How Property Is Divided After Separation: The 5-Step Process

When dividing property, the Family Law system applies a 5-step process to assess what's fair. Here’s how we guide you through it:

Step 1: Is it just and equitable to adjust property interests?

We assess whether a property settlement is necessary and appropriate based on your situation.

Step 2: Identify the asset pool

This includes all assets, liabilities, and superannuation. We’ll facilitate a financial disclosure process and help arrange valuations where needed.

Step 3: Evaluate contributions

This includes financial contributions (e.g., income, savings, gifts), non-financial contributions (e.g., homemaking, parenting), and indirect contributions like improving property through renovations.

Step 4: Assess future needs

We’ll consider:

  • Age and health

  • Income and employment prospects

  • Financial support for children

  • Any other future needs

Step 5: Consider the fairness of the proposed outcome

Finally, we evaluate whether the split is “just and equitable” in all the circumstances.

Time Limits for Property Settlements

Timing is critical in family law matters:

  • Married couples: You must apply for property orders within 12 months of divorce.

  • De facto relationships: You have 24 months from separation to apply for a property settlement.

In some circumstances, the Court may grant an extension, but it’s not guaranteed. It’s always safer to act within the prescribed time limits.

We Aim to Resolve Matters Without Court

Our goal is always to resolve your property settlement amicably and without the stress and cost of court proceedings. However, if litigation becomes necessary, our team has extensive experience representing clients in the Federal Circuit and Family Court of Australia.

Hear What Our Clients Say

  • Rebecca was so professional and approachable to deal with. My matter was finalized promptly and cost effectively. I would highly recommend anyone going through a stressful situation to give Rebecca a call

    Simon O'Farrell ⭐⭐⭐⭐⭐

  • Both Rebecca and Jordan met all of my legal needs and were a pleasure to deal with. I recommend highly!

    Scott Read ⭐⭐⭐⭐⭐

  • Great people to deal with, helped through a process that can be difficult to understand but made it as easy as possible!

    Damian Mitchell ⭐⭐⭐⭐⭐

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Your Roadmap to a Fair Property Settlement

When it’s time to sort out property and finances, clarity and structure are key. Here’s how we guide you through the process with confidence:

1. Understanding Your Position

We begin with a free 30-minute consultation to understand your situation, explain your rights under the Family Law Act 1975, and outline the process ahead.

2. Mapping Out the Asset Pool

All assets, liabilities, and superannuation are accounted for. This includes:

  • Family home and real estate

  • Cars, savings, and investments

  • Trust and business interests

  • Superannuation

  • Debts and liabilities

We handle the financial disclosure process to ensure everything is accurately documented.

3. Reviewing Contributions

Your financial and non-financial contributions are important, including:

  • Income, investments, and savings

  • Homemaking and parenting efforts

  • Indirect contributions, like property improvements

We make sure your role is fully recognised.

4. Planning for the Future

We consider what you need moving forward, focusing on:

  • Your age and health

  • Employment status and earning capacity

  • Financial support for children

This helps us work towards a fair and equitable outcome.

5. Reaching a Legally Binding Agreement

Once everything is mapped out, we formalise your agreement through:

  • Consent Orders filed with the courts, but with no requirement to attend a hearing 

  • Binding Financial Agreements (BFAs) for out of court resolutions that lock in terms

If disagreements arise, our negotiation-first approach focuses on quick, practical resolutions, avoiding unnecessary court battles.

Secure Your Financial Future Today

Frequently Asked Questions

  • Yes. Same sex and De facto relationships have the same legal rights to a property settlement as married couples under the Family Law Act. However, eligibility depends on specific criteria, such as:

    We can advise you on whether you meet the criteria and help formalise your agreement through Consent Orders or a Binding Financial Agreement, so it’s legally binding.

  • A handwritten or verbal agreement is not legally binding, even if both parties sign it. To protect yourself from future claims, it’s essential to have your agreement formalised through the proper legal channels.

  • Yes, you don’t need to wait until you’re divorced to finalise your property division. In fact, many people settle their finances shortly after separation. However, once a divorce order is granted, you only have 12 months to apply for property orders, so early legal advice from divorce lawyers is recommended.

  • If there's a dispute over the value of certain assets (such as real estate, businesses, or superannuation), we recommend an independent valuation to reach a fair outcome.

  • The Court takes a broad view of contributions. It considers both financial input, like income, savings, inheritances or investments, and non-financial contributions, such as raising children or maintaining the household. 

    These factors, along with future needs like earning capacity or care duties, are considered when determining the division of assets. 

  • Even if you’ve already divided your property, the arrangement won’t be legally protected unless it’s formalised through the appropriate legal mechanisms.

Ready to Get Started? We’re Here to Help

You don’t have to face property settlement negotiations alone. Speak to our property settlement lawyers Melbourne clients trust for clear, compassionate legal support.